42 USC 290ii-2 – Regulations and enforcement
(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
Terms Used In 42 USC 290ii-2
- Secretary: means the Secretary of Health and Human Services. See 42 USC 201
- State: includes , in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. See 42 USC 201
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.