Common Drug Disposal Mistakes That Put Your DEA Registration at Risk

Well-meaning practitioners just like you – from veterinarians to dentists to pharmacists – can sometimes be their own worst enemies when it comes to compliance with DEA regulations. They make the same preventable mistakes over and over. At Titan Group, we know from experience that one issue that seems to trip them up regularly is drug disposal. 

Because disposal requirements for controlled substances are misunderstood, inconsistently applied, or poorly documented by DEA registrants, they take steps that come back to bite them when investigators come knocking on the door. 

Titan Group wants its customers to be proactive and protected, which is why we’ve assembled this “bad moves” list of how registrants go wrong most often. Knowledge is the first step toward protecting your license, your practice, and your professional reputation.

• Accepting unwanted, unused prescribed controlled substances from patients or clients. Probably the most common and yet easily prevented mistake. For veterinarians, this may be a partially used bottle of medicine from the owner of a deceased pet. For physicians or nurse practitioners, it is often a well-intended effort to help patients dispose of unwanted medications responsibly. However, any transfer of controlled substances from a non-registrant (the client) to a registrant (the practitioner) is illegal. The fast fix: Create and enforce a standard operating procedure (SOP) that requires your staff to direct clients to public drug disposal kiosks at local police stations or participating pharmacies.

• Using public drug disposal options for practice-owned controlled substances. If your practice needs to dispose of its stock supplies of expired controlled substances, kiosks and events such as DEA’s National Drug Take Back Day are strictly off limits to registrants and their staff. If you’re caught disposing of your office’s drugs this way, you could be facing hefty fines and enforcement actions. 

• Failure to properly complete and retain DEA Form 41. This required record (“Registrant Record of Controlled Substances Destroyed”) is available online for download. Whenever you destroy a supply of controlled substances, as a DEA registrant you must fully and accurately document information including drug name, strength, quantity, and method of destruction. Both the registrant and a witness must sign the form, which must be retained for at least two years under federal regulations (or longer if required by state law). 

• Using an improper destruction method. The law is clear and direct about how you as a registrant are required to dispose of your controlled substances. In Title 21 Code of Federal Regulations §1317.90(c) it states: “The method of destruction shall be consistent with the purpose of rendering all controlled substances to a non-retrievable state in order to prevent diversion of any such substance to illicit purposes and to protect the public health and safety.” Inadequate methods—such as discarding intact drugs into sharps containers or into a building’s dumpster —do not meet this standard. Titan’s advice:  buy a commercial destruction product such as NarcX that allows you to simply pour the drugs into the container and have them rendered non-retrievable instantly.

• Delaying disposal for extended periods. Allowing expired or unwanted controlled substances to accumulate in storage for months on end increases your diversion risk and could catch investigators’ attention during an audit. Regular, scheduled disposal reduces exposure and demonstrates compliance diligence.

• Poor security for drugs awaiting disposal. Controlled substances pending destruction must be secured with the same level of care as active inventory. Leaving drugs unsecured, even temporarily, increases diversion risk and raises immediate red flags during inspections. More than one DEA investigator has found a cardboard box of drugs sitting on a shelf in a back room at a practitioner’s office. Don’t make this rookie mistake.

• Lack of documented witnessed wasting. This step is constantly violated, especially in busy practices. Staff often waste controlled substances – such as medication remaining in a syringe – without a witness or just have a colleague scrawl their initials on the waste log later in the day to make it appear that transactions were witnessed. Failing to conduct or record witnessed wasting — or reconstructing documentation later — should be the subject of a zero-tolerance office policy and disciplinary actions.

• Overlooking state-specific requirements. Federal compliance alone is not sufficient. Your state may have additional disposal and documentation requirements. Be sure your office policies and procedures meet both federal and state standards. 

Compliance – whether for drug disposal, practice security, or overall recordkeeping - does not have to be complicated, but it does have to be correct. Titan Group is a leading consulting firm specializing in DEA compliance, audits, and controlled substance risk mitigation for registrants nationwide. Whether you need mock inspections to expose compliance weaknesses, revised SOPs, staff training, or controlled substance problems solved, contact TITAN Group before a preventable “Oops!” mistake becomes an expensive “Oh no!” problem.