2018 US Code
Title 42 - The Public Health and Welfare
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
Sec. 290ii-2 - Regulations and enforcement
| 42 U.S.C. § 290ii-2 (2018) |
| §290ii–2. Regulations and enforcement |
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(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) RequirementsThe 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. 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. |
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(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.) |
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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, as amended. 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. |
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1 See References in Text note below. |
| United States Code, 2018 Edition, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 42 - THE PUBLIC HEALTH AND WELFARE 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 Sec. 290ii-2 - Regulations and enforcement |
| section 290ii-2 |
| 2018 |
| January 14, 2019 |
| No |
| standard |
| 100 Stat. 478 114 Stat. 1196, 1193 |
| Public Law 99-319, Public Law 106-310 |
