42 U.S.C. § 10841 — Restatement of bill of rights

Page 8090 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10825 clude information submitted to the Secretary in the reports required under section 10805(a)(7) of this title. (Pub. L. 99–319, title I, § 114, May 23, 1986, 100 Stat. 484; Pub. L. 102–173, § 10(2), Nov. 27, 1991, 105 Stat. 1219; Pub. L. 106–402, title IV, § 401(b)(13)(B), Oct. 30, 2000, 114 Stat. 1739; Pub. L. 114–255, div. B, title VI, § 6022(b), Dec. 13, 2016, 130 Stat. 1216.) Editorial Notes AMENDMENTS 2016—Subsec. (a)(5). Pub. L. 114–255 added par. (5). 2000—Subsec. (a). Pub. L. 106–402 substituted ‘‘section 15005 of this title’’ for ‘‘section 6006(c) of this title’’ in introductory provisions. 1991—Subsec. (a). Pub. L. 102–173 substituted ‘‘individ- uals with mental illness’’ for ‘‘mentally ill individuals’’ wherever appearing. § 10825. Technical assistance The Secretary shall use not more than 2 per- cent of the amounts appropriated under section 10827 of this title to provide technical assistance to eligible systems with respect to activities carried out under this subchapter, consistent with requests by such systems for such assist- ance. (Pub. L. 99–319, title I, § 115, May 23, 1986, 100 Stat. 484; Pub. L. 100–509, § 7(b)(2), Oct. 20, 1988, 102 Stat. 2545.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–509 amended section generally. Prior to amendment, section read as follows: ‘‘The Secretary shall provide technical assistance to eligible systems with respect to activities carried out under this sub- chapter.’’ § 10826. Administration (a) In general The Secretary shall carry out this subchapter through the Administrator of the Substance Abuse and Mental Health Services Administra- tion. (b) Regulations Not later than 6 months after November 27, 1991, the Secretary shall promulgate final regu- lations to carry out this subchapter and sub- chapter III. (Pub. L. 99–319, title I, § 116, May 23, 1986, 100 Stat. 485; Pub. L. 102–173, § 9, Nov. 27, 1991, 105 Stat. 1219; Pub. L. 102–321, title I, § 163(c)(3)(B), July 10, 1992, 106 Stat. 377.) Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–321 substituted ‘‘the Substance Abuse and Mental Health Services Adminis- tration’’ for ‘‘the Alcohol, Drug Abuse, and Mental Health Administration’’. 1991—Pub. L. 102–173 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–321 effective Oct. 1, 1992, see section 801(c) of Pub. L. 102–321, set out as a note under section 236 of this title. § 10827. Authorization of appropriations There are authorized to be appropriated for al- lotments under this subchapter, $19,500,000 for fiscal year 1992, and such sums as may be nec- essary for each of the fiscal years 1993 through 2003. (Pub. L. 99–319, title I, § 117, May 23, 1986, 100 Stat. 485; Pub. L. 100–509, § 7(f), Oct. 20, 1988, 102 Stat. 2546; Pub. L. 102–173, § 8, Nov. 27, 1991, 105 Stat. 1219; Pub. L. 106–310, div. B, title XXXII, § 3206(f), Oct. 17, 2000, 114 Stat. 1195.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–310 substituted ‘‘2003’’ for ‘‘1995’’. 1991—Pub. L. 102–173 amended section generally. Prior to amendment, section read as follows: ‘‘For allotments under this subchapter, there are authorized to be ap- propriated $14,300,000 for fiscal year 1989, and such sums as may be necessary for fiscal year 1990 and fiscal year 1991.’’ 1988—Pub. L. 100–509 amended section generally. Prior to amendment, section read as follows: ‘‘For allotments under this subchapter, there are authorized to be ap- propriated $10,000,000 for fiscal year 1986, $10,500,000 for fiscal year 1987, and $11,025,000 for fiscal year 1988.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–509, § 8, Oct. 20, 1988, 102 Stat. 2546, pro- vided that: ‘‘(a) IN GENERAL.—The amendments made by this Act [amending sections 10802, 10804 to 10806, 10821, 10822, and 10825 of this title], other than the amendment made by section 7(f) [amending this section], shall become effec- tive on the date of the enactment of this Act [Oct. 20, 1988]. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—The amend- ment made by section 7(f) [amending this section] shall become effective on October 1, 1988.’’ SUBCHAPTER II—RESTATEMENT OF BILL OF RIGHTS FOR MENTAL HEALTH PA- TIENTS § 10841. Restatement of bill of rights It is the sense of the Congress that, as pre- viously stated in title V of the Mental Health Systems Act [42 U.S.C. 9501 et seq.], each State should review and revise, if necessary, its laws to ensure that mental health patients receive the protection and services they require, and that in making such review and revision, States should take into account the recommendations of the President’s Commission on Mental Health and the following: (1) A person admitted to a program or facil- ity for the purpose of receiving mental health services should be accorded the following: (A) The right to appropriate treatment and related services in a setting and under condi- tions that— (i) are the most supportive of such per- son’s personal liberty; and (ii) restrict such liberty only to the ex- tent necessary consistent with such per- son’s treatment needs, applicable require- ments of law, and applicable judicial or- ders. (B) The right to an individualized, written, treatment or service plan (such plan to be Page 8091 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10841 developed promptly after admission of such person), the right to treatment based on such plan, the right to periodic review and reassessment of treatment and related serv- ice needs, and the right to appropriate revi- sion of such plan, including any revision necessary to provide a description of mental health services that may be needed after such person is discharged from such program or facility. (C) The right to ongoing participation, in a manner appropriate to such person’s capa- bilities, in the planning of mental health services to be provided such person (includ- ing the right to participate in the develop- ment and periodic revision of the plan de- scribed in subparagraph (B)), and, in connec- tion with such participation, the right to be provided with a reasonable explanation, in terms and language appropriate to such per- son’s condition and ability to understand, of— (i) such person’s general mental condi- tion and, if such program or facility has provided a physical examination, such per- son’s general physical condition; (ii) the objectives of treatment; (iii) the nature and significant possible adverse effects of recommended treat- ments; (iv) the reasons why a particular treat- ment is considered appropriate; (v) the reasons why access to certain visitors may not be appropriate; and (vi) any appropriate and available alter- native treatments, services, and types of providers of mental health services. (D) The right not to receive a mode or course of treatment, established pursuant to the treatment plan, in the absence of such person’s informed, voluntary, written con- sent to such mode or course of treatment, except treatment— (i) during an emergency situation if such treatment is pursuant to or documented contemporaneously by the written order of a responsible mental health professional; or (ii) as permitted under applicable law in the case of a person committed by a court to a treatment program or facility. (E) The right not to participate in experi- mentation in the absence of such person’s informed, voluntary, written consent, the right to appropriate protections in connec- tion with such participation, including the right to a reasonable explanation of the pro- cedure to be followed, the benefits to be ex- pected, the relative advantages of alter- native treatments, and the potential discom- forts and risks, and the right and oppor- tunity to revoke such consent. (F) The right to freedom from restraint or seclusion, other than as a mode or course of treatment or restraint or seclusion during an emergency situation if such restraint or seclusion is pursuant to or documented con- temporaneously by the written order of a re- sponsible mental health professional. (G) The right to a humane treatment envi- ronment that affords reasonable protection from harm and appropriate privacy to such person with regard to personal needs. (H) The right to confidentiality of such person’s records. (I) The right to access, upon request, to such person’s mental health care records, ex- cept such person may be refused access to— (i) information in such records provided by a third party under assurance that such information shall remain confidential; and (ii) specific material in such records if the health professional responsible for the mental health services concerned has made a determination in writing that such access would be detrimental to such per- son’s health, except that such material may be made available to a similarly li- censed health professional selected by such person and such health professional may, in the exercise of professional judgment, provide such person with access to any or all parts of such material or otherwise dis- close the information contained in such material to such person. (J) The right, in the case of a person ad- mitted on a residential or inpatient care basis, to converse with others privately, to have convenient and reasonable access to the telephone and mails, and to see visitors during regularly scheduled hours, except that, if a mental health professional treat- ing such person determines that denial of ac- cess to a particular visitor is necessary for treatment purposes, such mental health pro- fessional may, for a specific, limited, and reasonable period of time, deny such access if such mental health professional has or- dered such denial in writing and such order has been incorporated in the treatment plan for such person. An order denying such ac- cess should include the reasons for such de- nial. (K) The right to be informed promptly at the time of admission and periodically thereafter, in language and terms appro- priate to such person’s condition and ability to understand, of the rights described in this section. (L) The right to assert grievances with re- spect to infringement of the rights described in this section, including the right to have such grievances considered in a fair, timely, and impartial grievance procedure provided for or by the program or facility. (M) Notwithstanding subparagraph (J), the right of access to (including the opportuni- ties and facilities for private communication with) any available— (i) rights protection service within the program or facility; (ii) rights protection service within the State mental health system designed to be available to such person; (iii) system established under subchapter I to protect and advocate the rights of in- dividuals with mental illness; and (iv) qualified advocate; for the purpose of receiving assistance to un- derstand, exercise, and protect the rights de- scribed in this section and in other provi- sions of law. Page 8092 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10851 1 See References in Text note below. (N) The right to exercise the rights de- scribed in this section without reprisal, in- cluding reprisal in the form of denial of any appropriate, available treatment. (O) The right to referral as appropriate to other providers of mental health services upon discharge. (2)(A) The rights described in this section should be in addition to and not in derogation of any other statutory or constitutional rights. (B) The rights to confidentiality of and ac- cess to records as provided in subparagraphs (H) and (I) of paragraph (1) should remain ap- plicable to records pertaining to a person after such person’s discharge from a program or fa- cility. (3)(A) No otherwise eligible person should be denied admission to a program or facility for mental health services as a reprisal for the ex- ercise of the rights described in this section. (B) Nothing in this section should— (i) obligate an individual mental health or health professional to administer treatment contrary to such professional’s clinical judg- ment; (ii) prevent any program or facility from discharging any person for whom the provi- sion of appropriate treatment, consistent with the clinical judgment of the mental health professional primarily responsible for such person’s treatment, is or has become impossible as a result of such person’s re- fusal to consent to such treatment; (iii) require a program or facility to admit any person who, while admitted on prior oc- casions to such program or facility, has re- peatedly frustrated the purposes of such ad- missions by withholding consent to proposed treatment; or (iv) obligate a program or facility to pro- vide treatment services to any person who is admitted to such program or facility solely for diagnostic or evaluative purposes. (C) In order to assist a person admitted to a program or facility in the exercise or protec- tion of such person’s rights, such person’s at- torney or legal representatives should have reasonable access to— (i) such person; (ii) the areas of the program or facility where such person has received treatment, resided, or had access; and (iii) pursuant to the written authorization of such person, the records and information pertaining to such person’s diagnosis, treat- ment, and related services described in para- graph (1)(I). (D) Each program and facility should post a notice listing and describing, in language and terms appropriate to the ability of the persons to whom such notice is addressed to under- stand, the rights described in this section of all persons admitted to such program or facil- ity. Each such notice should conform to the format and content for such notices, and should be posted in all appropriate locations. (4)(A) In the case of a person adjudicated by a court of competent jurisdiction as being in- competent to exercise the right to consent to treatment or experimentation described in subparagraph (D) or (E) of paragraph (1), or the right to confidentiality of or access to records described in subparagraph (H) or (I) of such paragraph, or to provide authorization as described in paragraph (3)(C)(iii), such right may be exercised or such authorization may be provided by the individual appointed by such court as such person’s guardian or rep- resentative for the purpose of exercising such right or such authorization. (B) In the case of a person who lacks capac- ity to exercise the right to consent to treat- ment or experimentation under subparagraph (D) or (E) of paragraph (1), or the right to con- fidentiality of or access to records described in subparagraph (H) or (I) of such paragraph, or to provide authorization as described in para- graph (3)(C)(iii), because such person has not attained an age considered sufficiently ad- vanced under State law to permit the exercise of such right or such authorization to be le- gally binding, such right may be exercised or such authorization may be provided on behalf of such person by a parent or legal guardian of such person. (C) Notwithstanding subparagraphs (A) and (B), in the case of a person admitted to a pro- gram or facility for the purpose of receiving mental health services, no individual em- ployed by or receiving any remuneration from such program or facility should act as such person’s guardian or representative. (Pub. L. 99–319, title II, § 201, May 23, 1986, 100 Stat. 485; Pub. L. 102–173, § 10(2), Nov. 27, 1991, 105 Stat. 1219.) Editorial Notes REFERENCES IN TEXT The Mental Health Systems Act, referred to in intro- ductory text, is Pub. L. 96–398, Oct. 7, 1980, 94 Stat. 1564. Title V of the Mental Health Systems Act is classified generally to subchapter IV (§ 9501 et seq.) of chapter 102 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9401 of this title and Tables. AMENDMENTS 1991—Par. (1)(M)(iii). Pub. L. 102–173 substituted ‘‘in- dividuals with mental illness’’ for ‘‘mentally ill indi- viduals’’. SUBCHAPTER III—CONSTRUCTION § 10851. Construction of subchapters I and II; ‘‘in- dividual with mental illness’’ defined (a) Subchapters I and II shall not be construed as establishing any new rights for individuals with mental illness. (b) For purposes of this section, the term ‘‘in- dividual with mental illness’’ has the same meaning as in section 10802(3) 1 of this title. (Pub. L. 99–319, title III, § 301, May 23, 1986, 100 Stat. 489; Pub. L. 102–173, § 10, Nov. 27, 1991, 105 Stat. 1219.)