[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]
[[Page 10093]]
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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
[[Page 10094]]
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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.
[[Page 10095]]
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
