UNIVERSITY OF UTAH
DEA REGISTRATION NUMBER FEE EXEMPTION INTERPRETATION AND POLICY
AS APPLICABLE TO
UNIVERSITY OF UTAH FACULTY MEMBERS AND UNIVERSITY OF UTAH EMPLOYED INSTITUTIONAL VETERINARIANS AND RESEARCH STAFF
To: University of Utah Research Faculty, Administration, & Staff
From: Andrew S. Weyrich, Ph.D., Vice President for Research, University of Utah
Date: September 1, 2019
Re: Drug Enforcement Agency (DEA) Registration Fee Exemption Interpretation
Faculty, institutional veterinarians, certain research staff, and other University of Utah employees who are required to obtain a DEA registration number as part of their official University of Utah duties (collectively RESEARCHER) are exempt from paying application or renewal fees, so long as the RESEARCHER is acting within the scope of his or her official state duties and his or her only direct compensation is provided by an agency of the State of Utah (e.g., University of Utah, University of Utah School of Medicine, University of Utah College of Pharmacy, etc.).
Q: What about moonlighting, consulting, private practice, or non-University research?
A: Consulting (meaning any work that is outside the course and scope of a person’s University of Utah employment) must be done in accordance with University policy. See Policy 5-204.
Moonlighting for physicians (meaning clinical work that is outside of the course and scope of a person’s University of Utah employment) is not allowed by University of Utah School of Medicine policy. See Policy 8-001.
An employee participating in moonlighting, consulting, private practice, or research outside the course and scope of University employment cannot claim the DEA fee exemption for those activities.
Q: Who should I list in the registration as the “Fee Exempt Institution”?
A: Please list the University of Utah as the name of the Fee Exempt Institution on the registration form.
Q: Who is the Certifying Superior for purposes of the fee exemption?
A: You cannot certify yourself. For faculty of the School of Medicine, the Certifying Superior is the Department Chair or Division Chief who approves credentials / privileges associated with your department or division. You should be prepared to provide the name, title, email address, and phone number of this individual in connection with your fee exemption application. You should ensure that this Certifying Superior has sufficient information about your employment such that they could answer questions from the DEA if necessary about your duties for an agency of the State of Utah (i.e., University of Utah), your state Controlled Substance license, if applicable, and the requirement that you have a DEA registration in connection with your duties.
For faculty of academic departments and colleges other than the School of Medicine, the Certifying Superior is your Dean or an individual to whom the Dean has delegated this responsibility.
Q: What is the role of the Certifying Superior?
A: The Certifying Superior is listed on the fee exemption application as the person who can certify that the underlying registrant is employed by an agency of the State of Utah, is performing services for that agency, is receiving salary from that agency, and is required to have DEA registration in connection with her/his job duties for the agency. The Certifying Superior cannot certify an individual who is performing outside the course and scope of employment for an agency of the State of Utah, such as moonlighting or consulting activities or private practice duties.
Q: What about institutional veterinarians, veterinary staff, research staff, and other non-faculty RESEARCHERS?
A: Other University of Utah-employed RESEARCHERS also qualify for the exemption when performing duties on behalf of an agency of the State of Utah. For example, institutional veterinarians and staff who are employees of the Office for Comparative Medicine (OCM) are eligible for a fee-exempt DEA registration if such registration is required in the course and scope of their University employment. For their Certifying Superior, OCM employees should list the institutional veterinarian.
Moonlighting, consulting, and private practice outside the course and scope of University of Utah employment are not eligible for the DEA fee exemption. In addition, RESEARCHERS cannot use their fee-exempt DEA registration when conducting research for which the RESEARCHER receives a paycheck from an entity other than an agency of the State of Utah (e.g., when research funding from a non-University entity is paid from the entity directly to the RESEARCHER, rather than to the University).
Q: What if I conduct research outside of the State of Utah?
A: RESEARCHERS will need to obtain a separate DEA registration in each state where they plan to administer, dispense, or prescribe controlled substances.
Q: What if I conduct research at the VA or at another non-University facility?
A: RESEARCHERS may use their fee-exempt DEA registration at the VA and other non- University facilities within Utah, as long as the research is part of their official state duties (i.e., in the course and scope of their University of Utah employment) and their only direct compensation is provided by an agency of the State of Utah (e.g., University of Utah, University of Utah School of Medicine, etc.).