28 C.F.R. § 549.31

Inmates without funds

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(a) The Warden must establish procedures to provide up to two OTC medications per week for an inmate without funds. An inmate without funds is an inmate who has not had a trust fund account balance of $6.00 for the past 30 days.

(b) An inmate without funds may obtain additional OTC medications at sick call if health services staff determine that he/she has an immediate medical need which must be addressed before the inmate may again apply for OTC medications under this section.

(c) To prevent abuses of this section (e.g., inmate shows a pattern of depleting his or her commissary funds before requesting OTC medications), the Warden may impose restrictions on the provisions of this section.

[68 FR 47849, Aug. 12, 2003, as amended at 69 FR 53805, Sept. 3, 2004]

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Wiley v. Fernandez (N.D.N.Y. 2024).

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Wiley v. Fernandez (N.D.N.Y. 2024). “16, at 5 [stating that Plaintiff does “not agree” with Judge Hummel’s analysis of similarities under Carlson and Ziglar], at 7 [expressing disagreement with Judge Hummel’s reliance on 28 C.F.R. § 549.31 (c)], at 8 [expressing disagreement with Judge Hummel’s reliance on 18 U.”

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