[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Proposed Rules]
[Page 54288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25913]
[[Page 54287]]
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Part II
Department of Justice
_______________________________________________________________________
Bureau of Prisons
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28 CFR Parts 549 and 551
Plastic Surgery and Inmate Organizations; Proposed Rules
Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 /
Proposed Rules
[[Page 54288]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 549
[BOP-1020-P]
RIN 1120-AA26
Plastic Surgery
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
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SUMMARY: In this document, the Bureau of Prisons is proposing revised
regulations concerning the circumstances and procedures under which the
Bureau approves plastic surgery for inmates. The proposed regulations
establish criteria under which plastic surgery may be approved: as a
component of standard medical/surgical treatment, when necessary for
the good order and security of the institution, and in other special
situations as determined by the Medical Director. Additionally, these
regulations have been reorganized to emphasize ``informed consent'' and
to remove unnecessary provisions.
DATES: Comments due by December 19, 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 proposing to amend
its regulations on plastic surgery (28 CFR part 549, subpart D). A
final rule on this subject was published in the Federal Register on
June 29, 1979 (44 FR 38236).
Under its current regulations on plastic surgery, the Bureau
provides, within available resources, corrective and reconstructive
surgery for an inmate to correct obvious disfigurement. Approval for
such surgery follows when the surgery is indicated for medical reasons
or when it is believed that such surgery will assist the inmate's
institutional or post-release adjustment.
The proposed regulations stipulate in the statement of purpose that
the Bureau ordinarily does not perform plastic surgery on inmates to
correct preexisting disfigurements (including tattoos) on any part of
the body. Plastic surgery may be performed when it is a component of
the presently medically necessary standard of treatment. Plastic
surgery may also be approved under special circumstances: Namely, for
the good order and security of the institution, or when some question
exists as to whether the surgery qualifies as a component of presently
medically necessary standard of treatment. Further revisions to the
regulations include simplification and reorganization of the procedures
for approval and ``informed consent.'' Procedures relating to staff
processing of inmate identification records have been removed and have
been made part of internal instructions to staff.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866, and
accordingly 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.
Interested persons may participate in this proposed rulemaking by
submitting data, views, or arguments in writing to the 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. 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.
List of Subjects in 28 CFR Part 549
Prisoners.
Wallace H. Cheney,
Acting 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), it is proposed to amend part 549
in subchapter C of 28 CFR, chapter V as set forth below.
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 D, consisting of Secs. 549.50 and 549.51, is revised to
consist of Secs. 549.50 through 549.52 as follows:
Subpart D--Plastic Surgery
Sec.
549.50 Purpose and scope.
549.51 Approval procedures.
549.52 Informed consent.
Subpart D--Plastic Surgery
Sec. 549.50 Purpose and scope.
The Bureau of Prisons does not ordinarily perform plastic surgery
on inmates to correct preexisting disfigurements (including tattoos) on
any part of the body. In circumstances where plastic surgery is a
component of a presently medically necessary standard of treatment (for
example, part of the treatment for facial lacerations or for
mastectomies due to cancer) or it is necessary for the good order and
security of the institution, the necessary surgery may be performed.
Sec. 549.51 Approval procedures.
The Clinical Director shall consider individually any request from
an inmate or a BOP medical consultant.
(a) In circumstances where plastic surgery is a component of the
presently medically necessary standard of treatment, the Clinical
Director shall forward the surgery request to the Office of Medical
Designations and Transportation for approval.
(b) If the Clinical Director recommends plastic surgery for the
good order and security of the institution, the request for plastic
surgery authorization will be forwarded to the Warden for initial
approval. The Warden will forward the request through the Regional
Director to the Medical Director. The Medical Director shall have the
final authority to approve or deny this type of plastic surgery
request.
(c) If the Clinical Director is unable to determine whether the
plastic surgery qualifies as a component of presently medically-
necessary standard of treatment, the Clinical Director may forward the
request to the Medical Director for a final determination in accordance
with the provisions of paragraph (b) of this section.
Sec. 549.52 Informed consent.
Approved plastic surgery procedures may not be performed without
the informed consent of the inmate involved.
[FR Doc. 95-25913 Filed 10-19-95; 8:45 am]
BILLING CODE 4410-05-P
