Dr. M Blatstein's Blog

TAKING MEDICATIONS? ARE YOURS LISTED “ON-FORMULARY,” AND IN YOUR PSR?

A SINGLE GENERIC MEDICATION CAN BE MADE BY MULTIPLE MANUFACTURERS AND DIFFER IN SIZE, SHAPE, AND COLOR. 

  • IF THEY ARE “NON-FORMULARY,” YOU WILL NOT GET THEM, EVEN IF THE PRESCRIBING PHYSICIAN HAS THEM NOTED IN THE PSR.  THE PHYSICIAN RECORDS HAVE TO BE WRITTEN IN A SPECIFIC WAY.

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  • FURTHER, THE BOP WILL NOT ENTERTAIN ANY ORDERS REGARDING ANY TYPE OF TREATMENT COMING FROM ANY COURT, SHORT OF AN ORDER TO “RELEASE” THE PERSON.

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  • IF THEY ARE NOT AVAILABLE, AGAIN, THE PHYSICIAN’S RECORDS NEED TO BE WRITTEN A SPECIFIC WAY, AND THEY MAY BE ASKED TO ATTEND THE HEARING.

When someone enters prison for the first time, they assume they will still get medical care. The assumption may be that they will also get the same medications they got on the outside, which is likely not the case.

Medication availability (~ 3000 different drugs) falls into three categories.

  • 1st) On Formulary -Available: These medications are available for BOP healthcare providers for inmate use.
  • 2nd) Non-Formulary -These require a lengthy Preauthorization Process: These medications are not immediately available for your use, as they’re stocked. The prescribing BOP Physician or other healthcare provider must undergo a lengthy Preauthorization process to get permission to provide them to you.
  • 3rd) Similar equivalents. When there are no other options, similar or equivalent substitutions are used. Should the need for a required drug be used where there is no equivalent substitute, this medical problem should be brought up before the sentencing hearing, hopefully, the US Attorney and finally, the court.

Examples of medication confusion;

  • Cholesterol Control: PCSK9 Inhibitors vs. Statins. Statins are a popular treatment that has been available since the 1980s. PCSK9 inhibitors, on the other hand, are a new type of cholesterol drug. They were approved by the Food and Drug Administration in 2015.
  • But these Cholesterol generics look very different (see heading photo), and may not look like what the defendant has been taking – adding to their stress level.

Generics:

  • These are the drugs of choice for the BOP as they are cheaper than brand-name medications.
  • It may be beneficial to inform your client ahead of time that, while they’ll be taking a generic medication, since there are many manufacturers who each produce similar generic drugs that may differ in color and shape, they should be appropriate.

Nobody likes surprises, especially if they are entering prison for the first time.