Over-The-Counter (OTC) Medications

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]

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