DEA Proposes Single Sheet DEA-222 Order Form

January 1, 2008

On November 27, 2007, the Drug Enforcement Administration (“DEA”) issued a proposed rule to implement a new format for DEA Official Order Forms (so-called “DEA-222s”).  DEA requires registrants to acquire Schedule I or II controlled substances using triplicate, carbon-paper DEA-222s.  DEA observes that processing transactions with carbon copies, which was developed more than 30 years ago, has become outdated.

DEA proposes the use of a single sheet DEA-222 order form that will require execution by registrants in the same manner as the three-part forms.  DEA will issue the order forms on a single sheet of sturdier paper with an embedded watermark, which DEA says will hinder counterfeiting.  Rather than send specific copies to their supplier, purchasers will send the original form to the supplier and make a copy of the form for their records.  Suppliers will annotate the number of commercial or bulk containers furnished and the date shipped to the purchaser on the original form, maintain the original form and send a copy to DEA.  The purchaser must record on its copy of the DEA-222 the number of commercial or bulk containers furnished and the dates they are received.

DEA will amend its regulations governing use of the single sheet DEA-222s.  Registrants will be able to use the triplicate DEA-222s until they are phased out within about 2 years following implementation of the single sheet DEA-222s.

DEA requests comments on the proposed rule by January 28, 2008.

It is worth noting that DEA has been working on an electronic DEA-222 for the last few years.  Registrant errors in completing DEA-222s have been a source of significant civil penalties.  This action may alleviate some of these issues.

By John A Gilbert & Larry K. Houck