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Title 42, The Public Health and WelfareRelease 119-73not60

§290ii–1 Reporting Requirement

Title 42 › Chapter 6A— PUBLIC HEALTH SERVICE › Subchapter III–A— SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION › Part H— Requirement Relating to the Rights of Residents of Certain Facilities › § 290ii–1

Last updated Apr 5, 2026|Official source

Summary

Facilities covered by the Protection and Advocacy for Mentally Ill Individuals Act of 1986 must notify the agency the Secretary picks when a patient dies while restrained or in seclusion, within 24 hours after being taken out of restraints or seclusion, or if the death likely resulted from those practices. The notice must give the resident’s name and be sent within 7 days of the death. Facility = places listed in section 102(3) of that Act.

Full Legal Text

Title 42, §290ii–1

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Each facility to which the Protection and Advocacy for Mentally Ill Individuals Act of 1986 11 See References in Text note below. [42 U.S.C. 10801 et seq.] applies shall notify the appropriate agency, as determined by the Secretary, of each death that occurs at each such facility while a patient is restrained or in seclusion, of each death occurring within 24 hours after the patient has been removed from restraints and seclusion, or where it is reasonable to assume that a patient’s death is a result of such seclusion or restraint. A notification under this section shall include the name of the resident and shall be provided not later than 7 days after the date of the death of the individual involved.
(b)In this section, the term “facility” has the meaning given the term “facilities” in section 102(3) of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 1 (42 U.S.C. 10802(3)).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Protection and Advocacy for Mentally Ill Individuals Act of 1986, referred to in text, was Pub. L. 99–319, May 23, 1986, 100 Stat. 478. Pub. L. 99–319 was renamed the Protection and Advocacy for Individuals with Mental Illness Act by Pub. L. 106–310, div. B, title XXXII, § 3206(a), Oct. 17, 2000, 114 Stat. 1193, and is classified generally to chapter 114 (§ 10801 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 10801 of this title and Tables.

Reference

Citations & Metadata

Citation

42 U.S.C. § 290ii–1

Title 42, The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60