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

submitted 82 years ago by Pub. L. 106-310 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 207 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must write rules requiring covered mental health facilities to have enough trained staff and proper treatment plans. Staff must be trained in using restraints and alternatives to them. Facilities that don't comply lose eligibility for federal program funding.

(a) Training: Within 1 year of October 17, 2000, the Secretary — after consulting appropriate state and local protection and advocacy organizations, physicians, facilities, other health care professionals, and patients — must issue regulations requiring facilities covered by the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to meet the requirements in subsection (b). (b) Requirements: Those regulations must require that: (1) covered facilities have an adequate number of qualified professional and support staff to evaluate patients, write individualized, comprehensive treatment plans, and provide active treatment; (2) appropriate training is given to facility staff on using restraints and on alternatives to restraints; and (3) covered facilities provide complete and accurate death notifications, as required under section 290ii–1(a) of this title. (c) Enforcement: A facility covered by this part that fails to meet any requirement of this part — including failing to provide appropriate training — becomes ineligible to take part in any program supported, even partly, by money appropriated to a federal department or agency.
the actual law source: uscode.house.gov ↗public domain
(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 1 (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.

Source credit: (July 1, 1944, ch. 373, title V, § 593, as added Pub. L. 106–310, div. B, title XXXII, § 3207, Oct. 17, 2000, 114 Stat. 1196.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 106-310 · 114 Stat. 1196

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-310 on 1944-07-01.

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