Entering The BOP – Verifying The Availability of Your Medications

Verifying Medication  Availability

Will Go A Long Way To Easing Your Client’s Fears

    • They assume that they will still get medical care on the inside.
    • The assumption may also be that they will also get the same medications that they got on the outside,
    • This will likely be a False assumption.


Medication availability (~ 3500 different drugs), falls into 3 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

    • While they are stocked, these medications are not available and require lengthy pre-authorization.
    • As the BOP Formulary is available online, and should your medication fall into this category, this discussion should occur long before the Presentence Interview for obvious reasons.

3rd) Similar equivalents – Not On Formulary (Not Available)

    • Here, similar or equivalent substitutions are used. After consulting with the current treating physician of record, the defense needs to make appropriate decisions regarding this medical problem before this point and long before the PSI.
      • However, addressing it before the PSR is complete, with the backing of the US Attorney and, finally, the court.
        1. Examples of medication confusion for 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.


    • These are the drug 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
      • these same drugs, while may differ in color, size, and shape;
      • they should be the same
    • Nobody likes surprises, especially if they are entering prison for the first time.

                                                              Generic Lipitor Good Rx