what to do if someone elese uses your dea number

My DEA Number Was Stolen by an Employee and Used to Self-Prescribe Controlled Substances

Most doctors have various licenses that provide them with unique identification numbers. If whatsoever of these identification numbers find their style into the wrong hands it tin can be detrimental to the healthcare provider's practice, their patients, and the public. Doctors rent support staff to run their practice efficiently by perform tasks that they don't have fourth dimension to practise or don't accept the grooming to perform. This employer-employee relationship requires a sure level of trust from both parties because a bad human action by either party can accept a negative impact on the other political party'due south license, privileges, or reimbursement for services. Some of the support staff working in a doctor'south office may accept access to HIPAA-protected information and a dr.'s unique identification numbers, such as his NPI and DEA numbers. What should you do if one of your employees steals your DEA number and uses information technology to self-prescribe controlled substance through e-prescribing or traditional prescription pads? What if they use your DEA number to lodge controlled substances for the do without your knowledge or consent? Doctors should too be concerned with their potential liability for the unauthorized use of their DEA number.

Reporting Requirement

According to Florida Statute §893.07(five)(b), if your DEA number has been stolen and used to divert controlled substances you must file a police report with the local sheriff of that canton inside 24 hours later discovery. A person who fails to report a theft or significant loss of a controlled substance commits a misdemeanor of the second degree. It is not required that you press charges against the perpetrator of the theft, but I always recommend that my clients do and then for several reasons. Beginning, it shows authorities that you were not complicit in the theft. 2d, it becomes office of the employee's tape and prospective time to come employers volition be able to see this information on their criminal history during background checks. Third, every bit punishment for the emotional despair you will endure, negative impact on your practice, and the cost to rent an attorney to represent y'all in this matter.

You must besides notify the Drug Enforcement Bureau ("DEA") within one business twenty-four hours upon discovery of a theft or significant loss of controlled substances. "Upon discovery" ways that a report should exist filed once the medico has made a good-religion effort to determine whether a theft has in fact occurred. To decide whether a loss is meaning the DEA provided the post-obit factors in 21 C.F.R. § 1301.74(c):

1) The actual quantity of controlled substances lost in relation to the type of business organization;
ii) The specific controlled substances lost;
iii) Whether the loss of the controlled substances can exist associated with access to those controlled substances by specific individuals, or whether the loss tin be attributed to unique activities that may take identify involving the controlled substances;
4) A pattern of losses over a specific time period, whether the losses announced to be random, and the results of efforts taken to resolve the losses; and, if known,
v) Whether the specific controlled substances are likely candidates for diversion; and
6) Local trends and other indicators of the diversion potential of the missing controlled substance.

The six factors mentioned above are not exhaustive and should exist taken into business relationship with other factors where appropriate.

Co-ordinate to 21 C.F.R. § 1301.76(b), the DEA'south implementing regulations for the Controlled Substance Act, all DEA registrants must complete DEA Form 106 and submit it to the DEA electronically or by mail. One time submitted, the DEA will begin the investigatory process and contact you to obtain additional data.

Additionally, you should contact the lath or association that grants you your license to practice (i.e. Florida Board of Osteopathic Medicine) to run into what reporting requirements they may have. For example, although I could not find a clearly defined rule requiring and then, the Florida Lath of Osteopathic Medicine ("FDOM") strongly suggests that the doctor file a complaint with the Florida Department of Health ("DOH") against the perpetrator of the offense so that they may acquit their ain investigation into the matter. The complaint should be sent to the Consumer Services Department of the DOH. You volition typically receive a response from the DOH within x business days at which point in time they may schedule a phone call or an in person meeting as part of their ongoing investigation. This investigation may include interviewing parties in your practice nearly the perpetrator or the crime and facts and events that gave rise to the incident.

During all stages of the investigation, whether talking to the DEA, local police authorities, or the DOH you lot must exist candid with the investigating authorities so that there isn't any indication of impropriety on your part.

Steps To Forestall A Theft From Occurring Once more

To limit the occurrence of future thefts or significant loss, providers should exercise the following:

• Conduct employee background checks for all employees, including those employees with access to controlled substances. This groundwork check should be performed in whatever local, country jurisdiction where the employee has worked and resided. Federal background checks should as well be performed.
• Schedule I and Two drugs must be stored separately from other drugs in an approved safe. Schedule III and IV drugs must besides be kept under lock and key just the security measures are more relaxed than their counterparts.
• Use tracking software that records specific employee's removal of controlled substances from locked cabinets together with an associated patient identifier. The software is designed to flag and alert the doctor of suspicious or unusual employee activity.
• Providers should also deport periodic internal audits to ensure that the inventory of controlled substances is authentic.
• Providers may also want to consider a adopting a policy into their practice which requires employees to be periodically drug tested and suspicion-based drug testing. Drug testing should be performed prior to employment; the offer of employment should be conditional on a clean drug exam.
• Sparingly share you DEA number and e-prescribing log-in information only with trusted employees.
• Make certain that your prescription pads are locked upwards in a secure area. Utilize watermarks on your prescription pads because it makes it more than difficult to replicate.
• Monitor remittance advice, claims and reimbursements to verify billed services match your income.
• Observe and takes notes of erratic or unusual beliefs past an employee (i.east. lying and mood swings) and physical abnormalities, such as "rail marks", excessive sweating, pale pare, red face with red eyes, etc.
• Implement a training program to brainwash staff on controlled substance diversion.

Conclusion

If you are unable to determine whether a theft of controlled substances did in fact occur within one business day, you should err on the side of circumspection and file a study with the DEA and other appropriate authorities. It may also be necessary to notify the Center for Medicare and Medicaid Services If y'all fail to timely study a theft or meaning loss yous may face penalties and fines or whatever other remedial actions that the authorities deem are necessary. If any patients were affected by the theft you must determine how to accordingly notify your patients. Make sure to assemble any documents or show that can be useful for authorities during their investigation. Any theft of prescribing pads should exist reported to the Board of Pharmacy.

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This post was authored by Jamaal R. Jones, Esquire ofJones Health Constabulary, P.A. for more than information contact me at (305) 877-5054; e-mail us at JRJ@JonesHealthLaw.com, or visit our website at world wide web.JonesHealthLaw.com.

Information technology should be noted thatI am not your lawyer (unless y'all have presently retained my services through a retainer agreement). This post is not intended equally legal advice, it is purely educational and advisory, and no attorney-client relationship shall consequence afterwards reading it. Please consult your ain chaser for legal advice. If you do non take one and would like to retain my legal services please contact me using the data listed in a higher place.

All of the information and references made to laws, regulations, and advisory opinions were accurate based on the law as it existed at this time, only laws are constantly evolving. Delight contact me to be sure that the law which will govern your business is current. Thank you.

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