42 U.S.C. § 290ii–2: Regulations and enforcement

Summary

Within one year after October 17, 2000, the Secretary must make rules, after talking with state and local advocates, doctors, facilities, other health workers, and patients, that require facilities covered by the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to do three things: have enough qualified professional and support staff to assess patients, write individualized treatment plans, and give active treatment; train staff on using restraints and on safer alternatives; and send full, accurate death notifications as required under section 290ii–1(a). If a covered facility does not follow any of these rules, including training, it cannot take part in any program paid for in whole or in part with federal funds.

Title 42, §290ii–2

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

(a)Training

Not later than 1 year after October 17, 2000, the Secretary, after consultation with appropriate State and local protection and advocacy organizations, physicians, facilities, and other health care professionals and patients, shall promulgate regulations that require facilities to which the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et seq.) applies, to meet the requirements of subsection (b).

(b)Requirements

The regulations promulgated under subsection (a) shall require that—

(1)facilities described in subsection (a) ensure that there is an adequate number of qualified professional and supportive staff to evaluate patients, formulate written individualized, comprehensive treatment plans, and to provide active treatment measures;

(2)appropriate training be provided for the staff of such facilities in the use of restraints and any alternatives to the use of restraints; and

(3)such facilities provide complete and accurate notification of deaths, as required under section 290ii–1(a) of this title.

(c)Enforcement

A facility to which this part applies that fails to comply with any requirement of this part, including a failure to provide appropriate training, shall not be eligible for participation in any program supported in whole or in part by funds appropriated to any Federal department or agency.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Protection and Advocacy for Mentally Ill Individuals Act of 1986, referred to in subsec. (a), 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.

§290ii–2 Regulations and Enforcement