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42 U.S.C. § 290ii–1 — Reporting requirement
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10801&num=0&edition=prelim) 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) Facility** 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10802/3&num=0&edition=prelim)).
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Stable record: federal_law:legal_authorities:record_usc_5c8b2f4b37c1b030b30f9281
Source file: Laws/federal/codes/united-states-code/title-42/section-290ii1-reporting-requirement--a45c7d4dde.md
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Source location: Title 42, Chapter 6A, § 290ii–1; chapter-6a-public-health-service.md
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**(a) In general** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10801&num=0&edition=prelim) 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) Facility** 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10802/3&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) individuals with mental illness are vulnerable to abuse and serious injury;
(2) family members of individuals with mental illness play a crucial role in being advocates for the rights of individuals with mental illness where the individuals are minors, the individuals are legally competent and choose to involve the family members, and the individuals are legally incompetent and the legal guardians, conservators, or other legal representatives are members of the family;
(3) individuals with mental illness are subject to neglect, including lack of treatment, adequate nutrition, clothing, health care, and adequate discharge planning; and
(4) State systems for monitoring compliance with respect to the rights of individuals with mental illness vary widely and are frequently inadequate.
**(b)** The purposes of this chapter are—
(1) to ensure that the rights of individuals with mental illness are protected; and
(2) to assist States to establish and operate a protection and advocacy system for individuals with mental illness which will—
(A) protect and advocate the rights of such individuals through activities to ensure the enforcement of the Constitution and Federal and State statutes; and
(B) investigate incidents of abuse and neglect of individuals with mental illness if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10801
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Federal law — U.S. Code and appendices · legal_authorities
Page 8082
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10713
§ 10713. Authorization of appropriations
There are authorized to be appropriated to
carry out the purposes of this chapter, $7,000,000
for each of fiscal years 2005, 2006, 2007, and 2008.
Amounts appropriated for each such year are to
remain available until expended.
(Pub. L. 98–620, title II, § 215, Nov. 8, 1984, 98 Stat.
3346; Pub. L. 100–690, title VII, § 7321(a), Nov. 18,
1988, 102 Stat. 4466; Pub. L. 100–702, title VI, § 607,
Nov. 19, 1988, 102 Stat. 4654; Pub. L. 101–162, title
V, Nov. 21, 1989, 103 Stat. 1028; Pub. L. 102–572,
title VIII, § 801, Oct. 29, 1992, 106 Stat. 4515; Pub.
L. 108–372, § 2, Oct. 25, 2004, 118 Stat. 1754.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, meaning title II of Pub. L. 98–620, Nov. 8,
1984, 98 Stat. 3336, known as the State Justice Institute
Act of 1984, which is classified principally to this chap-
ter. For complete classification of title II to the Code,
see Short Title note set out under section 10701 of this
title and Tables.
AMENDMENTS
2004—Pub. L. 108–372 amended section generally, in-
serting section catchline and substituting provisions
authorizing appropriations for fiscal years 2005 to 2008
for provisions authorizing appropriations for fiscal
years 1993 to 1996.
1992—Pub. L. 102–572 amended section generally. Prior
to amendment, section authorized appropriations of
$15,000,000 for each of fiscal years 1989, 1990, 1991, and
1992.
1989—Pub. L. 101–162 repealed Pub. L. 100–702, § 607,
and revived Pub. L. 100–690, § 7321(a). See 1988 Amend-
ment notes below.
1988—Pub. L. 100–702, § 607, which amended section
generally, substituting appropriations authorization of
$15,000,000 fo
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10801
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 10801. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter:
(1) The term “abuse” means any act or failure to act by an employee of a facility rendering care or treatment which was performed, or which was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury or death to a 11 So in original. Probably should be “an”. individual with mental illness, and includes acts such as—
(A) the rape or sexual assault of a 1 individual with mental illness;
(B) the striking of a 1 individual with mental illness;
(C) the use of excessive force when placing a 1 individual with mental illness in bodily restraints; and
(D) the use of bodily or chemical restraints on a 1 individual with mental illness which is not in compliance with Federal and State laws and regulations.
(2) The term “eligible system” means the system established in a State to protect and advocate the rights of persons with developmental disabilities under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [[42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.].
(3) The term “facilities” may include, but need not be limited to, hospitals, nursing homes, community facilities for individuals with mental illness, board and care homes, homeless shelters, and jails and prisons.
(4) The term “individual with mental illness” means, except as provided in [section 10804(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10804/d&num=0&edition=prelim), an individual—
(A) who has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the State; and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10802
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Federal law — U.S. Code and appendices · legal_authorities
Page 8083
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10802
1 So in original. Probably should be ‘‘an’’.
2 So in original.
3 See References in Text note below.
Subsec. (a)(2) to (4). Pub. L. 102–173, § 3, added par. (2)
and redesignated former pars. (2) and (3) as (3) and (4),
respectively.
Subsec. (b). Pub. L. 102–173, § 10(2), substituted ‘‘indi-
viduals with mental illness’’ for ‘‘mentally ill individ-
uals’’ in three places.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 1991 AMENDMENT
Pub. L. 102–173, § 1, Nov. 27, 1991, 105 Stat. 1217, pro-
vided that: ‘‘This Act [amending this section and sec-
tions 10802 to 10807, 10821, 10824, 10826, 10827, 10841, and
10851 of this title] may be cited as the ‘Protection and
Advocacy for Mentally Ill Individuals Amendments Act
of 1991’.’’
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–509, § 1, Oct. 20, 1988, 102 Stat. 2543, pro-
vided that: ‘‘This Act [amending sections 10802, 10804 to
10806, 10821, 10822, 10825, and 10827 of this title and en-
acting a provision set out as a note under section 10827
of this title] may be cited as the ‘Protection and Advo-
cacy for Mentally Ill Individuals Amendments Act of
1988’.’’
SHORT TITLE
Pub. L. 99–319, § 1, May 23, 1986, 100 Stat. 478, as
amended by Pub. L. 106–310, div. B, title XXXII,
§ 3206(a), Oct. 17, 2000, 114 Stat. 1193, provided that:
‘‘This Act [enacting this chapter and section 247a of
this title and enacting provisions set out as a note
below] may be cited as the ‘Protection and Advocacy
for Individuals with Mental Illness Act’.’’
SUPERSEDURE OF BALANCED BUDGET PROVISIONS
Pub. L. 99–319, title IV, § 402, May 23, 1986, 100 Stat.
490, provided that: ‘‘This Act [see Short Title note
above] shall not be construed as superseding any of the
balanced budge
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10802
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 10802. This identifies an authority to review, not proof of applicability.