[Federal Register Volume 60, Number 185 (Monday, September 25, 1995)]
[Rules and Regulations]
[Page 49444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23657]



      

[[Page 49443]]

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Part II





Department of Justice





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Bureau of Prisons



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28 CFR Part 549



Administrative Safeguards for Psychiatric Treatment and Medication; 
Final Rule

  Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / 
Rules and Regulations   

[[Page 49444]]


DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 549

[BOP-1047-F]
RIN 1120-AA40


Administrative Safeguards for Psychiatric Treatment and 
Medication

AGENCY: Bureau of Prisons, Justice.

ACTION: Finalization of Interim Rule.

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SUMMARY: In this document, the Bureau of Prisons adopts as final its 
interim regulations on administrative procedural safeguards given an 
inmate prior to the provision of involuntary psychiatric treatment and 
medication. The intent of this amendment is to maintain appropriate 
administrative due process procedures in the provision of necessary 
health care to inmates, consistent with community standards.

EFFECTIVE DATE: September 25, 1995.

ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754, 
320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General 
Counsel, Bureau of Prisons, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons is adopting as final 
its interim regulations on administrative safeguards in the provision 
of psychiatric treatment, including medication, which were published 
November 12, 1992 in the Federal Register (57 FR 53820). No public 
comment was received on the interim rule.
    In adopting the interim rule as final, the Bureau is correcting a 
typographical error in Sec. 549.41(b) and is making a minor adjustment 
to the definition of emergencies in Sec. 549.43(b). In Sec. 549.41(b), 
``voluntarily'' had erroneously appeared as ``voluntary.'' In 
Sec. 549.43(b), the definition of a psychiatric emergency is modified 
to include ``extreme deterioration of functioning secondary to 
psychiatric illness.''
    The Bureau of Prisons has determined that this rule is not a 
significant regulatory action for the purpose of E.O. 12866, and 
accordingly this rule was not reviewed by the Office of Management and 
Budget. After review of the law and regulations, the Director, Bureau 
of Prisons has certified that this rule, for the purpose of the 
Regulatory Flexibility Act (Pub. L. 96-354), does not have a 
significant impact on a substantial number of small entities.

List of Subjects in 28 CFR Part 549

    Prisoners.
Kathleen M. Hawk,
Director, Bureau of Prisons.

    Accordingly, pursuant to the rulemaking authority vested in the 
Attorney General in 5 U.S.C. 552(a) and delegated to the Director, 
Bureau of Prisons in 28 CFR 0.96(p), the interim rule amending 28 CFR 
part 549 which was published at 57 FR 53820 on November 12, 1992 is 
adopted as a final rule with the following changes.

PART 549--MEDICAL SERVICES

    1. The authority citation for 28 CFR part 549 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4005, 
4042, 4045, 4081, 4082 (Repealed in part as to offenses committed on 
or after November 1, 1987), 4241-4247, 5006-5024 (Repealed October 
12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 
509, 510; 28 CFR 0.95-0.99.

    2. In Sec. 549.41, paragraph (b) is revised to read as follows:


Sec. 549.41  Voluntary admission and psychotropic medication.

* * * * *
    (b) If an inmate is to receive psychotropic medications 
voluntarily, his or her informed consent must be obtained, and his or 
her ability to give such consent must be documented in the medical 
record by qualified health personnel.
    3. In Sec. 549.43, paragraph (b) is amended by revising the first 
sentence to read as follows:


Sec. 549.43  Involuntary psychiatric treatment and medication.

* * * * *
    (b) Emergencies: For purpose of this subpart, a psychiatric 
emergency is defined as one in which a person is suffering from a 
mental illness which creates an immediate threat of bodily harm to self 
or others, serious destruction of property, or extreme deterioration of 
functioning secondary to psychiatric illness. * * *
* * * * *
[FR Doc. 95-23657 Filed 9-22-95; 8:45 am]
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