DEA DEA Diversion Control 3 — Questions and Answers
Question 1: Which of the following is an example of 'prescription fraud' as investigated by DEA Diversion?
- Forging or altering a prescription to obtain a controlled substance (Correct answer)
- A pharmacist dispensing more than the prescribed quantity
- A doctor accepting cash payments for prescriptions
- A patient filling a prescription in a state other than where it was written
Correct answer: Forging or altering a prescription to obtain a controlled substance
Prescription fraud includes forging, altering, or counterfeiting prescriptions, as well as impersonating practitioners or patients to obtain controlled substances.
Question 2: DEA Form 41 is used by registrants to document:
- The destruction of controlled substances (Correct answer)
- Theft or loss of controlled substances
- Ordering Schedule II substances
- Applying for DEA research registration
Correct answer: The destruction of controlled substances
DEA Form 41 (Registrant Record of Controlled Substances Destroyed) is required when a registrant destroys controlled substances, ensuring accountability for all substances removed from commerce.
Question 3: What is the '21 C.F.R. Part 1306' commonly known as in pharmacy and diversion enforcement?
- The DEA prescription regulations governing valid prescriptions for controlled substances (Correct answer)
- The DEA registration renewal process regulations
- The schedule of criminal penalties for diversion offenses
- The regulations governing DEA clandestine lab cleanup procedures
Correct answer: The DEA prescription regulations governing valid prescriptions for controlled substances
21 C.F.R. Part 1306 establishes the federal requirements for valid controlled substance prescriptions, including who may prescribe, what a prescription must contain, and dispensing rules.
Question 4: What is 'diversion through overprescribing' and why is it a criminal offense for physicians?
- Prescribing controlled substances outside the usual course of professional practice without legitimate medical purpose, which is distribution under the CSA (Correct answer)
- Prescribing more than the state's standard dosage guidelines allow
- Writing more than 100 controlled substance prescriptions per month
- Prescribing Schedule II drugs without a patient's written consent
Correct answer: Prescribing controlled substances outside the usual course of professional practice without legitimate medical purpose, which is distribution under the CSA
When a physician prescribes controlled substances without a legitimate medical purpose, DEA treats them as a drug distributor rather than a practitioner, making them subject to drug trafficking charges.
Question 5: What is the primary purpose of DEA's 'Suspicious Order' requirement for distributors under 21 C.F.R. § 1301.74(b)?
- To require distributors to report and halt unusually large, frequent, or deviating orders before shipping them, preventing bulk diversion (Correct answer)
- To track all controlled substance shipments crossing state lines
- To document pharmacies that order more than their patient population would require
- To require advance DEA approval before any Schedule II order is shipped
Correct answer: To require distributors to report and halt unusually large, frequent, or deviating orders before shipping them, preventing bulk diversion
The suspicious order rule obligates distributors to identify and report to DEA any order that is unusual in size, frequency, or deviates substantially from normal buying patterns, serving as a key anti-diversion safeguard.
Question 6: The DEA National Forensic Laboratory Information System (NFLIS) serves what function in diversion enforcement?
- It collects and reports drug chemistry data from federal, state, and local forensic labs to track drug abuse trends and diversion patterns nationwide (Correct answer)
- It maintains a database of all DEA-registered laboratories
- It stores chain-of-custody records for evidence submitted to DEA labs
- It certifies state crime laboratories for controlled substance analysis
Correct answer: It collects and reports drug chemistry data from federal, state, and local forensic labs to track drug abuse trends and diversion patterns nationwide
NFLIS aggregates drug identification data from law enforcement labs across the country, giving DEA intelligence on which substances are appearing in which jurisdictions to guide diversion investigations.
DEA DEA Diversion Control 3
Which of the following is an example of 'prescription fraud' as investigated by DEA Diversion?