Mich. Admin. Code R. 338.3141 - Thefts and diversions
Rule 41.
(1) An
applicant or licensee shall provide effective controls against theft and
diversion of controlled substances.
(2) A licensee shall confirm that a person is
licensed to possess a controlled substance before distributing the substance to
the person.
(3) Within 15 days of
completion of an investigation regarding a suspected theft or significant loss
of a controlled substance, a licensee shall notify the department of the
suspected theft or significant loss of a controlled substance and submit a copy
of the DEA theft and loss report form 106, or equivalent document, to the
department, whether or not the controlled substance is recovered or the
responsible person is identified and action is taken against him or her, and
whether or not it is also reported to the DEA.
(4) A licensee shall use all of the following
criteria to determine if the loss in subrule (3) of this rule is significant:
(a) The quantity of the controlled substance
lost in relation to the type of business.
(b) The specific controlled substance
lost.
(c) Whether the loss of the
controlled substance can be associated with access to the controlled substance
by specific individuals, or whether the loss can be attributed to unique
activities that may take place involving the controlled substance.
(d) A pattern of loss over a specific time
period, whether the loss appears to be random, and the results of efforts taken
to resolve the loss.
(e) Whether
the specific controlled substance is a likely candidate for
diversion.
(f) Local trends and
other indicators of the diversion potential of the missing controlled
substance.
Notes
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