Federal regulation § 1301.91 (Employee Responsibility to Report Drug Diversion) states:

“Reports of drug diversion by fellow employees is not only a necessary part of an overall employee security program but also serves the public interest at large. It is, therefore, the position of DEA that an employee who has knowledge of drug diversion from his employer by a fellow employee has an obligation to report such information to a responsible security official of the employer. The employer shall treat such information as confidential and shall take all reasonable steps to protect the confidentiality of the information and the identity of the employee furnishing information. A failure to report information of drug diversion will be considered in determining the feasibility of continuing to allow an employee to work in a drug security area. The employer shall inform all employees concerning this policy.”

If someone witnesses or suspects diversion, they should report it promptly to their supervisor or other designated organizational leader. They should be prepared to describe any evidence they have, including what they witnessed. It is key to have an organizational culture where employees feel safe reporting concerns about diversion and know that every incident will be investigated fairly and thoroughly.

Suspected or confirmed diversion should be reported:

• If it involves controlled substances, the DEA-106 Form. Report of Theft or Loss of Controlled Substances should be completed and submitted within 24 hours of the time it was discovered that the drugs were missing.
• If the individual suspected of diversion is a licensed healthcare professional (such as a physician or nurse), they should be reported to their state professional licensure board.
• If incident involves drug tampering, it should be reported to the Criminal Investigations Unit at the Food and Drug Administration.
• If theft is suspected or confirmed, local law enforcement should be contacted.

“It is important to understand that diversion isn’t just about addiction or theft. It can be about abuse and neglect when residents don’t get the medications they need,” said Hearn. In any case, when laws are broken, offending parties need to be held accountable.