21 U.S.C. § 827 — Records and reports of registrants
submitted 56 years ago by Pub. L. 91-513 to r/title-21-FOOD-AND-DRUGS · 1,710 words · no verdicts yet
Registrants must inventory and keep records of controlled substances, preserve those records for inspection, and submit specified reports. The section creates exceptions for certain prescribing, administering, research, and teaching, adds reporting for Internet pharmacies and manufacturers, and permits special reporting rules for approved GHB products.
(a)(1) Unless (c) applies, every registrant must make a complete, accurate inventory of stocks on May 1, 1971, or when it first begins covered activity, and every two years afterward. Later inventories may use the regular physical-inventory date nearest the biennial date, within six months. (2) When a new Attorney General rule first controls a previously uncontrolled substance, each registrant handling it must inventory its stock. (3) From May 1, 1971 onward, each registrant handling controlled substances must keep current, complete, accurate records of each substance made, received, sold, delivered, or otherwise disposed of; this need not be a perpetual inventory.
(b) Each required inventory or record must follow Attorney General rules and contain required information. It must be separate from other records, or, for nonnarcotic substances, readily retrievable from ordinary business records. It must be kept and available for at least two years for inspection and copying by federally authorized officers or employees.
(c) These rules do not apply to (1)(A) a practitioner* prescribing schedule II-V substances lawfully in professional practice, unless for maintenance or detoxification treatment*; or (B) administering schedule II-V substances, unless the practitioner regularly dispenses or administers and charges patients for them or unless for maintenance or detoxification treatment; (2)(A) use at a registered establishment with records in research under a section 355(i) or 360b(j) exemption, or (B) use there in preclinical research or teaching; or (3) a person to the extent the Attorney General grants an exemption by rule or under a rule because the requirement is unnecessary for this subchapter. The Convention on Psychotropic Substances* does not override paragraphs (1)(B), (2), or (3).
(d)(1) Each registered manufacturer* must report every sale, delivery*, or other disposal of a controlled substance* at the times and in the form the Attorney General requires. Each distributor* must make such reports for narcotic controlled substances and identify the recipient by registration number, unless exempt from registration under section 822(d). (2) An Internet-dispensing pharmacy with a modified section 823(g) registration must report the substances and amounts the Attorney General requires. The Attorney General may require no information beyond each substance's total monthly quantity. No report is required unless that month had at least 100 prescriptions or at least 5,000 combined dosage units.
(e) In addition to other requirements, each registered manufacturer must report and keep records about its narcotic and nonnarcotic controlled-substance production* as the Attorney General requires to let the United States meet the listed international-convention obligations. The Attorney General must avoid unnecessary duplicate requirements.
(f)(1) At least quarterly, the Attorney General must make available through the specified automated system (or its successor) to manufacturer and distributor registrants: (A) the total number of distributor registrants supplying each pharmacy or practitioner registrant, grouped by that recipient's name and address; and (B) the total amount and type of opioids supplied to each such recipient, listed by Administration Controlled Substances Code Number. (2) This information is due by the 30th day of the first month after the quarter. (3) Registered manufacturers and distributors must review it. When deciding whether to start proceedings based on failure to control* diversion or otherwise comply, the Attorney General may consider that the information was available to the registrant.
(g) Rules for investigational drug* use under sections 355(i) and 360(j) must include procedures the Secretary, after consulting the Attorney General, finds necessary to secure and account for controlled substances used in covered research.
(h) Every registrant must report professional or business address changes as Attorney General rules require.
(i) For an approved drug product containing gamma hydroxybutyric acid, the Attorney General may require: (1) quarterly acquisition and distribution reports by bulk or dosage-form manufacturers, packagers, repackagers, labelers, relabelers, and distributors by the 15th day after each quarter, plus annual year-end inventories; (2) annual inventories by January 15 showing stocks of product, substance, bulk drug, and dosage forms at close of business December 31 and whether stored or in process; (3) bulk or dosage manufacturers to report all inventory increases and reductions, including the listed purchases, transfers, returns, sales, theft, destruction, and seizure, and material made or used; (4) reports to include registration numbers and enough vendor, supplier, and customer identifiers to track receipt and distribution; (5) dispensing practitioners to keep for each prescription the prescribing practitioner's name, Federal and State* registration numbers and expiration dates, verification of proper registration, patient's name and address, insurer, and licensed prescriber documentation of medical need, available for inspection and copying; and (6) section 830(b)(3)'s mail-order reporting to apply to GHB in the same way as to the specified chemicals and products.
(j) Every report required by this section must be electronic.
Except as provided in subsection (c)—
every registrant under this subchapter shall, on May 1, 1971, or as soon thereafter as such registrant first engages in the manufacture*, distribution, or dispensing of controlled substances, and every second year thereafter, make a complete and accurate record of all stocks thereof on hand, except that the regulations prescribed under this section shall permit each such biennial inventory (following the initial inventory required by this paragraph) to be prepared on such registrant’s regular general physical inventory date (if any) which is nearest to and does not vary by more than six months from the biennial date that would otherwise apply;
on the effective date of each regulation of the Attorney General controlling a substance that immediately prior to such date was not a controlled substance*, each registrant under this subchapter manufacturing, distributing, or dispensing such substance shall make a complete and accurate record of all stocks thereof on hand; and
on and after May 1, 1971, every registrant under this subchapter manufacturing, distributing, or dispensing a controlled substance or substances shall maintain, on a current basis, a complete and accurate record of each such substance manufactured, received, sold, delivered, or otherwise disposed of by him, except that this paragraph shall not require the maintenance of a perpetual inventory.
Every inventory or other record required under this section (1) shall be in accordance with, and contain such relevant information as may be required by, regulations of the Attorney General, (2) shall (A) be maintained separately from all other records of the registrant, or (B) alternatively, in the case of nonnarcotic controlled substances, be in such form that information required by the Attorney General is readily retrievable from the ordinary business records of the registrant, and (3) shall be kept and be available, for at least two years, for inspection and copying by officers or employees of the United States authorized by the Attorney General.
The foregoing provisions of this section shall not apply—
to the prescribing of controlled substances in schedule II, III, IV, or V by practitioners acting in the lawful course of their professional practice unless such substance is prescribed in the course of maintenance or detoxification treatment* of an individual; or
to the administering of a controlled substance in schedule II, III, IV, or V unless the practitioner* regularly engages in the dispensing or administering of controlled substances and charges his patients, either separately or together with charges for other professional services, for substances so dispensed or administered or unless such substance is administered in the course of maintenance treatment* or detoxification treatment of an individual;
to the use of controlled substances, at establishments registered under this subchapter which keep records with respect to such substances, in research conducted in conformity with an exemption granted under section 355(i) or 360b(j) of this title;
to the use of controlled substances, at establishments registered under this subchapter which keep records with respect to such substances, in preclinical research or in teaching; or
to the extent of any exemption granted to any person, with respect to all or part of such provisions, by the Attorney General by or pursuant to regulation on the basis of a finding that the application of such provisions (or part thereof) to such person is not necessary for carrying out the purposes of this subchapter.
Nothing in the Convention on Psychotropic Substances* shall be construed as superseding or otherwise affecting the provisions of paragraph (1)(B), (2), or (3) of this subsection.
Every manufacturer* registered under section 823 of this title shall, at such time or times and in such form as the Attorney General may require, make periodic reports to the Attorney General of every sale, delivery* or other disposal by him of any controlled substance, and each distributor* shall make such reports with respect to narcotic controlled substances, identifying by the registration number assigned under this subchapter the person or establishment (unless exempt from registration under section 822(d) of this title) to whom such sale, delivery, or other disposal was made.
Each pharmacy with a modified registration under section 823(g) of this title that authorizes the dispensing of controlled substances by means of the Internet shall report to the Attorney General the controlled substances it dispenses, in the amount specified, and in such time and manner as the Attorney General by regulation shall require, except that the Attorney General, under this paragraph, may not require any pharmacy to report any information other than the total quantity of each controlled substance that the pharmacy has dispensed each month. For purposes of this paragraph, no reporting shall be required unless the pharmacy has met 1 of the following thresholds in the month for which the reporting is required:
100 or more prescriptions dispensed.
5,000 or more dosage units of all controlled substances combined.
In addition to the reporting and recordkeeping requirements under any other provision of this subchapter, each manufacturer registered under section 823 of this title shall, with respect to narcotic and nonnarcotic controlled substances manufactured by it, make such reports to the Attorney General, and maintain such records, as the Attorney General may require to enable the United States to meet its obligations under articles 19 and 20 of the Single Convention on Narcotic Drugs* and article 16 of the Convention on Psychotropic Substances. The Attorney General shall administer the requirements of this subsection in such a manner as to avoid the unnecessary imposition of duplicative requirements under this subchapter on manufacturers subject to the requirements of this subsection.
The Attorney General shall, not less frequently than quarterly, make the following information available to manufacturer and distributor registrants through the Automated Reports and Consolidated Orders System, or any subsequent automated system developed by the Drug Enforcement Administration* to monitor selected controlled substances:
The total number of distributor registrants that distribute* controlled substances to a pharmacy or practitioner registrant, aggregated by the name and address of each pharmacy and practitioner registrant.
The total quantity and type of opioids distributed, listed by Administration Controlled Substances Code Number, to each pharmacy and practitioner registrant described in subparagraph (A).
The information required to be made available under paragraph (1) shall be made available not later than the 30th day of the first month following the quarter to which the information relates.
All registered manufacturers and distributors shall be responsible for reviewing the information made available by the Attorney General under this subsection.
In determining whether to initiate proceedings under this subchapter against a registered manufacturer or distributor based on the failure of the registrant to maintain effective controls against diversion or otherwise comply with the requirements of this subchapter or the regulations issued thereunder, the Attorney General may take into account that the information made available under this subsection was available to the registrant.
Regulations under sections 355(i) and 360(j) of this title, relating to investigational use of drugs, shall include such procedures as the Secretary, after consultation with the Attorney General, determines are necessary to insure the security and accountability of controlled substances used in research to which such regulations apply.
Every registrant under this subchapter shall be required to report any change of professional or business address in such manner as the Attorney General shall by regulation require.
In the case of a drug product containing gamma hydroxybutyric acid for which an application has been approved under section 355 of this title, the Attorney General may, in addition to any other requirements that apply under this section with respect to such a drug product, establish any of the following as reporting requirements:
That every person who is registered as a manufacturer of bulk or dosage form, as a packager, repackager, labeler, relabeler, or distributor shall report acquisition and distribution transactions quarterly, not later than the 15th day of the month succeeding the quarter for which the report is submitted, and annually report end-of-year inventories.
That all annual inventory reports shall be filed no later than January 15 of the year following that for which the report is submitted and include data on the stocks of the drug product, drug substance, bulk drug, and dosage forms on hand as of the close of business December 31, indicating whether materials reported are in storage or in process of manufacturing.
That every person who is registered as a manufacturer of bulk or dosage form shall report all manufacturing transactions both inventory increases, including purchases, transfers, and returns, and reductions from inventory, including sales, transfers, theft, destruction, and seizure, and shall provide data on material manufactured, manufactured from other material, use in manufacturing other material, and use in manufacturing dosage forms.
That all reports under this section must include the registered person’s registration number as well as the registration numbers, names, and other identifying information of vendors, suppliers, and customers, sufficient to allow the Attorney General to track the receipt and distribution of the drug.
That each dispensing practitioner shall maintain for each prescription the name of the prescribing practitioner, the prescribing practitioner’s Federal and State* registration numbers, with the expiration dates of these registrations, verification that the prescribing practitioner possesses the appropriate registration to prescribe this controlled substance, the patient’s name and address, the name of the patient’s insurance provider and documentation by a medical practitioner licensed and registered to prescribe the drug of the patient’s medical need for the drug. Such information shall be available for inspection and copying by the Attorney General.
That section 830(b)(3) of this title (relating to mail order reporting) applies with respect to gamma hydroxybutyric acid to the same extent and in the same manner as such section applies with respect to the chemicals and drug products specified in subparagraph (A)(i) of such section.
All of the reports required under this section shall be provided in an electronic format.
Source credit: (Pub. L. 91–513, title II, § 307, Oct. 27, 1970, 84 Stat. 1258; Pub. L. 93–281, § 5, May 14, 1974, 88 Stat. 125; Pub. L. 95–633, title I, §§ 104, 110, Nov. 10, 1978, 92 Stat. 3772, 3773; Pub. L. 98–473, title II, §§ 514, 515, Oct. 12, 1984, 98 Stat. 2074; Pub. L. 106–172, § 4, Feb. 18, 2000, 114 Stat. 9; Pub. L. 110–425, § 3(c), Oct. 15, 2008, 122 Stat. 4824; Pub. L. 115–271, title III, § 3273(a), Oct. 24, 2018, 132 Stat. 3952; Pub. L. 117–215, title I, § 103(b)(1)(D), Dec. 2, 2022, 136 Stat. 2263.)
- 1970Enacted · Pub. L. 91-513 · 84 Stat. 1258
- 1974Amended · Pub. L. 93-281 · 88 Stat. 125
- 1978Amended · Pub. L. 95-633 · 92 Stat. 3772, 3773
- 1984Amended · Pub. L. 98-473 · 98 Stat. 2074
- 2000Amended · Pub. L. 106-172 · 114 Stat. 9
- 2008Amended · Pub. L. 110-425 · 122 Stat. 4824
- 2018Amended · Pub. L. 115-271 · 132 Stat. 3952
- 2022Amended · Pub. L. 117-215 · 136 Stat. 2263
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-513 on 1970-10-27.
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