AVMA Addressing DEA Concerns

April 24, 2012 — 

The AVMA was recently made aware of concerns in California regarding potential changes in the DEA’s enforcement of the Controlled Substances Act (CSA). Veterinarians in the Sacramento area were contacted by the regional DEA office and asked to confirm that their DEA license was associated with a residence. During the course of that contact, the veterinarians were reminded that federal regulations prohibited them from carrying controlled drugs out of the location associated with their DEA registration.

Transporting controlled substances in your practice vehicle is technically illegal and theoretically could be prosecuted as a felony. However, the AVMA has historically been informed that 1) the veterinary profession is generally not a target of enforcement in this area; 2) the DEA understands that the CSA does not really take into consideration the unique aspects of veterinary medicine that require more flexibility in the regulations; and 3) it will require a statutory change (i.e., federal legislation) to address the issue.

A subcommittee of the AVMA’s Council on Biologic and Therapeutic Agents (COBTA) has been tasked with evaluating this and other DEA-related issues. The Scientific Activities and Governmental Relations Divisions have held a number of face-to-face meetings with DEA administrators to address the profession’s concerns. The California Veterinary Medical Association (CVMA) has also requested a meeting with the area office. The AVMA DC staff will coordinate a letter to Congress addressing the need for a change to the CSA.

AVMA recommends that practitioners review those practices and procedures associated with the management of controlled substances to ensure that they are in compliance (some resources available on the AVMA site: http://www.avma.org/issues/drugs/dea_registration/default.asp).

Veterinarians do need to be aware that the listed principal place of business is where the DEA expects that the controlled substances are stored securely with the log-book, in accordance with the CSA. Any veterinarian who lists their home as the principal place of business should be aware that the DEA may conduct a site inspection to confirm compliance with the regulations. If you list your residence as the address associated with your DEA registration and you receive a request to confirm that information, AVMA recommends that you complete the confirmation form and return it as directed. Also, be aware that if you specify in your response that you are an ambulatory or a mobile practitioner, the DEA is obligated to inform you that use of controlled drugs outside of a registered location is not permitted under current regulations. If you receive any communication from your area DEA office that is of concern to you or you have questions regarding compliance with regulations, please notify your state VMA.

If federal legislation to correct this problem is introduced, significant grassroots support will be necessary to ensure passage. You can help by joining the AVMA Congressional Advocacy Network.

AVMA members can view additional information on the AVMA's NOAH weblog.