DEA Form 222 Q&A
DEA Form 222
Question: What should we do if a DEA Form 222 is lost or stolen?
Answer: If a DEA Form 222 is lost or stolen, the registrant must execute another DEA Form 222 and attach a statement to the new form containing the order form number and date of the lost or stolen form. The statement must indicate that the goods covered by the first DEA Form 222 were not received due to the loss or stolen form. 21 CFR 1305.16(a). A copy of the second form and a copy of the statement must be retained with a copy of the initial form. 21 CFR 1305.16(a). The copy of the statement must be attached to the copy of the second form sent to the supplier. 21 CFR 1305.16(a). If the first DEA Form 222 is subsequently located by the supplier, the supplier must mark "Not Accepted" on the face of the form and return the original form to the registrant attached to the statement. 21 CFR 1305.16(a). A registrant, upon discovery of the loss or theft of used or unused order forms, must immediately report the loss or theft to the local DEA Diversion Field Office and provide the serial numbers of each lost or stolen order form. 21 CFR 1305.16(b). If an unused order form is later recovered or found, the registrant must immediately notify the local DEA Diversion Field Office. 21 CFR 1305.16(e). EO-DEA187, October 5, 2020
Question: How do I cancel a DEA Form 222 after it has been submitted to a supplier?
Answer: A purchaser may cancel part or all of an order on a DEA Form 222 by notifying the supplier in writing of the cancellation. 21 CFR 1305.19(a). The supplier must indicate the cancellation on the original DEA Form 222 sent by the purchaser by drawing a line through the canceled items and printing "canceled" in the space provided for the number of items shipped. 21 CFR 1305.19(a). For information regarding canceled electronic orders, see below, Controlled Substance Ordering System (CSOS) – Electronic Order Forms. EO-DEA189, October 5, 2020
Question: Who can sign executed DEA 222 Order Forms?
Answer: Registrants, and individuals given power of attorney by registrants, can sign DEA 222 order forms. Any registrant may authorize one or more individuals to obtain and execute DEA Forms 222 by granting a power of attorney to each such individual. 21 CFR 1305.05(a).
In order to grant a valid power of attorney, pursuant to 21 CFR 1305.05(d), the power of attorney must be signed by:
- The registrant, if an individual; a partner of the registrant, if a partnership; or an officer of the registrant, if a corporation, corporate division, association, trust or other entity;
- The person to whom the power of attorney is being granted; and
- Two witnesses.
In addition to the signature requirement, valid power of attorneys are subject to the following provisions under this section. A power of attorney executed under this section may be signed electronically, by any or all of the persons required to sign. 21 CFR 1305.05(f). The power of attorney may be revoked at any time by the person who signed the most recent application for DEA registration or reregistration and two witnesses. 21 CFR 1305.05(e). The power of attorney should be filed with executed DEA Forms 222 if applicable, and must be available for inspection. 21 CFR 1305.05(a). The power of attorney is not submitted to DEA, but, it must be readily retrievable for inspection. In sum, individuals granted a valid power of attorney under this section may sign DEA 222 order forms. EO-DEA194, October 5, 2020
Question: What should be done with unused DEA 222 Order Forms if a business closes?
Answer: When a registered purchaser discontinues business activities involving schedule I and II controlled substances for any reason (i.e. discontinues business or professional practice altogether, ceases legal existence, or if the registered purchaser dies), all unexecuted DEA 222 order forms must be promptly returned to DEA Headquarters Registration Section. See 21 CFR 1301.52, 1305.18 and 1305.20(h). Similarly, a purchaser must immediately return all unused 222 forms if its registration for schedule I and II controlled substances is suspended or revoked under 21 CFR 1301.36. EO-DEA190, October 5, 2020
Disclaimer: Guidance documents, like this document, are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement. Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through the Department's guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts. To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action. Guidance documents may be rescinded or modified in the Department's complete discretion, consistent with applicable laws.