[Federal Register Volume 64, Number 39 (Monday, March 1, 1999)]
[Proposed Rules]
[Pages 10094-10095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4987]



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Part VI





Department of Justice





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Bureau of Prisons



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28 CFR Part 549



Over-The-Counter (OTC) Medications; Proposed Rule

  Federal Register / Vol. 64, No. 39 / Monday, March 1, 1999 / Proposed 
Rules  

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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 549

[BOP-1086-P]
RIN 1120-AA81


Over-The-Counter (OTC) Medications

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this document the Bureau of Prisons is proposing to 
establish procedures governing inmate access to Over-The-Counter (OTC) 
medications. Selected OTC medications are currently available to the 
inmate population through commissary purchase. The Bureau will continue 
to dispense OTC medications at sick call to inmates in its medical 
referral facilities and to inmates in Special Housing Units. At all 
other Bureau institutions, the Bureau will continue to dispense OTC 
medications at sick call to inmates in the general population only if 
the inmate does not already have the OTC medication and health services 
staff determine the inmate has an immediate medical need which needs to 
be addressed before the inmate's regularly scheduled commissary visit 
or that the inmate is without funds. The intended effect of these 
procedures is to allocate medical resources in an efficient and cost 
effective manner and to continue to meet the medical needs of inmates.

DATES: Comments due by April 30, 1999.

ADDRESSES: Rules Unit, 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 proposing to adopt 
regulations on Over-The-Counter (OTC) medications (28 CFR part 549, 
subpart B).
    Previously, OTC medications were not available for sale to the 
inmate at the institution's commissary. OTC medications instead were 
provided to inmates by Bureau of Prisons staff at sick call. Selected 
OTC medications, however, are now being made available for sale to the 
inmate at the institution commissary. Therefore, it is no longer 
necessary for inmates to visit sick call in order to obtain OTC 
medications for complaints related to cosmetic, and general hygiene 
issues. This practice conforms to community standards where individuals 
are expected to meet their own cosmetic and general hygiene needs.
    The Bureau will continue to provide OTC medications to inmates at 
sick call when the inmate does not already have the OTC medication and 
health services staff determine that the inmate has an immediate 
medical need which needs to be addressed before his or her regularly 
scheduled commissary visit or when the inmate is without funds.
    The Bureau will also continue to provide OTC medications at sick 
call to inmates at its medical referral facilities such as the U.S. 
Medical Center for Federal Prisoners, Federal Medical Centers, 
psychiatric referral centers (currently FCI Butner) and to inmates in 
Special Housing Units. Health services staff are better able to monitor 
the intake of medications (both OTC and prescribed) of inmates at its 
medical and psychiatric referral centers if access to OTC medications 
is limited to sick call. Inmates in Special Housing Units do not have 
the same access to the institution's commissary as do inmates in the 
general population of the institution, but these inmates do have access 
to sick call.
    Interested persons may participate in this proposed rulemaking by 
submitting data, views, or arguments in writing to the Rules Unit, 
Office of General Counsel, Bureau of Prisons, 320 First Street, NW., 
HOLC Room 754, Washington, DC 20534. Comments received during the 
comment period will be considered before final action is taken. 
Comments received after the expiration of the comment period will be 
considered to the extent practicable. All comments received remain on 
file for public inspection at the above address. The proposed rule may 
be changed in light of the comments received. No oral hearings are 
contemplated.

Executive Order 12866

    This rule falls within a category of actions that the Office of 
Management and Budget (OMB) has determined not to constitute 
``significant regulatory actions'' under section 3(f) of Executive 
Order 12866 and, accordingly, it was not reviewed by OMB.

Executive Order 12612

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Regulatory Flexibility Act

    The Director of the Bureau of Prisons, in accordance with the 
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this 
regulation and by approving it certifies that this regulation will not 
have a significant economic impact upon a substantial number of small 
entities for the following reasons: This rule pertains to the 
correctional management of offenders committed to the custody of the 
Attorney General or the Director of the Bureau of Prisons, and its 
economic impact is limited to the Bureau's appropriated funds.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Sec. 804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This rule will 
not result in an annual effect on the economy of $100,000,000 or more; 
a major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Plain Language Instructions

    We try to write clearly. If you can suggest how to improve the 
clarity of these regulations, call or write Roy Nanovic at the address 
listed above.

List of Subjects in 28 CFR Part 549

    Prisoners.
Kathleen Hawk Sawyer,
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), part 549 in subchapter C of 28 
CFR, chapter V is proposed to be amended as set forth below.

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SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

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. Subpart B, consisting of Secs. 549.30 and 549.31 is added to 
read as follows:

Subpart B--Over-The-Counter (OTC) Medications

Sec.
549.30  Purpose and scope.
549.31  Inmates without funds.

Subpart B--Over-The-Counter (OTC) Medications


Sec. 549.30  Purpose and scope.

    This subpart establishes procedures governing inmate access to 
Over-The-Counter (OTC) medications to be followed at all institutions 
except at the U.S. Medical Center for Federal Prisoners, Federal 
Medical Centers, and Bureau psychiatric referral centers, or for 
inmates in Administrative Detention or Special Housing Units. Inmates 
may purchase OTC medications which are available at the commissary. 
Inmates may also obtain OTC medications at sick call if the inmate does 
not already have the OTC medication and:
    (a) Health services staff determine that the inmate has an 
immediate medical need which needs to be addressed before his or her 
regularly scheduled commissary visit; or
    (b) The inmate is without funds.


Sec. 549.31  Inmates without funds.

    The Warden shall establish procedures to provide up to two OTC 
medications per week for an inmate who is without funds. An inmate 
without funds is defined as an inmate who has not had a trust fund 
account balance of $6.00 for the past 30 days. An inmate without funds 
may obtain additional OTC medications at sick call if health services 
staff determine that the inmate has an immediate medical need which 
needs to be addressed before the inmate is again able to apply for OTC 
medications under this section. To prevent abuses of this provision 
(e.g., inmate shows a pattern of depleting his or her commissary funds 
prior to requesting OTC medications), the Warden may impose 
restrictions on the provisions of this paragraph.

[FR Doc. 99-4987 Filed 2-26-99; 8:45 am]
BILLING CODE 4410-05-P