For many people, prescription drugs are an absolute necessity to survive. Some conditions that previously derailed lives are banished with a daily pill. For some, prescription drugs have given them a new lease on life.
What happens when that little bit of medical magic goes missing? Or worse, is stolen? If your medicinal marvel is on the Drug Enforcement Administration's (DEA) controlled substances schedule, are you required to report the loss to law enforcement? Can you get your prescription replaced?
To someone dependent on their medicine, these questions can be a literal matter of life or death. Even if your situation is not that dire, it's a good idea to be aware of your options and obligations after the loss of controlled substances.
Different Requirements
The obligation to report is different between professionals and ordinary citizens. For pharmacists, healthcare facilities, and drug manufacturers, the answer is clear. Whether a CVS or a mom-and-pop operation, all pharmacies have filled out a DEA registration.
They are required to report any significant loss of a controlled substance to the Department of Justice's DEA Diversion Control Division. This is done by submitting DEA Form 106 after the discovery of the theft.
Any drug sold in the U.S. is required to be registered with the FDA to receive an identifier called a National Drug Code. This nine- or 10-digit number is unique for each drug compound, whether it's finished or not. Having an NCD does not signify FDA approval.
What's considered a significant loss of any controlled substance depends on the situation. The theft of a single bottle of oxycontin is a big deal for your local pharmacy and may involve your state's Board of Pharmacy. For a drug manufacturer producing tens of thousands of pills a day, a hundred pills missing is less remarkable.
Prescription medicines such as pain relievers and opiates are the most commonly stolen from pharmacies. This trend continues when it comes to private citizens. As the opioid crisis has demonstrated, people dependent on opiates will often go to great lengths to get more.
This can include stealing from friends and family. While the allopurinol you take for gout is probably safe, the same can't be said for hydrocodone acetaminophen (Vicodin) or oxycodone (Oxycontin).
To make matters worse, you still need your meds for its intended purpose. What now?
Policing the Situation
As a private citizen, most states don't require that you report the theft of prescription medication. If you want any chance of getting it replaced, you're going to need a police report to make a report of theft. While having one doesn't guarantee success in recovering your stolen medication, the threat of prosecution for filing a false police report can add legitimacy to your claim.
You may need to fill the form out at the police station as opposed to online. Check your local regulations.
Hope for Success but Prepare for Failure
Walking into your pharmacy, claiming your opioid prescription was stolen, and requesting a replacement without a police report is almost certainly doomed to failure. Even if this is a new prescription, it's a long shot.
If you've claimed your medication has been stolen before, expect an increased level of doubt. This may happen even if it's the truth. Before trying the pharmacy, take your police report to the physician who wrote the prescription. They may have more sway with the pharmacist.
You should also be prepared for the possibility that your insurance company will refuse to pay for the replacement, even if your doctor and pharmacist vouch for you. Many policies dictate a refill limit during a coverage period. Check your policy. If your prescription involves painkillers, you may have to pay out of pocket.
Make a Prevention Plan
Addiction can make a thief out of anyone, including those you love. If possible, take steps to remove the temptation to steal your medication by following some simple tips:
- Remove labels from pill bottles before recycling them. Labels let others know what you're taking.
- Keep your pill bottles hidden. It's more of a hassle, but common locations like medicine cabinets offer easy access.
- Count your pills. Whether picking up your prescription or taking a daily dose, make sure the bottle has the expected amount.
- Lock them up. Keeping your pills in a safe or a locked bag makes you a difficult target.
Check the DEA Diversion Program's questions and answer section for more ways to keep your prescription safe.
Better Living Through Medicine
Federal regulations make it more difficult, if not impossible, for your local pharmacist to give you an early refill of your medication. Filing a police report for your stolen or missing prescription might not work, but it can't hurt to try. Better living through medicine can only occur if you have the medicine.
Related Research:
- Health Insurance (FindLaw's Consumer Insurance Law)
- Obtaining and Using a Police Report (FindLaw's Learn the Law)
- Things You Should Know - Taking Prescription Medications (FindLaw's Healthcare Law)
