42 U.S.C. § 9501 — Bill of Rights

Page 7704 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9481 Section 9473, Pub. L. 96–398, title III, § 317, Oct. 7, 1980, 94 Stat. 1595, related to evaluation and monitoring of projects and activities. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amend- ment note under section 238l of this title. PART D—ENFORCEMENT § 9481. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560 Section, Pub. L. 96–398, title III, § 321, Oct. 7, 1980, 94 Stat. 1596, set forth enforcement procedures. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amend- ment note under section 238l of this title. PART E—MISCELLANEOUS §§ 9491 to 9493. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560 Section 9491, Pub. L. 96–398, title III, § 326, Oct. 7, 1980, 94 Stat. 1597, related to provision of technical assist- ance. Section 9492, Pub. L. 96–398, title III, § 327, Oct. 7, 1980, 94 Stat. 1597, related to indirect provision of services. Section 9493, Pub. L. 96–398, title III, § 328, Oct. 7, 1980, 94 Stat. 1597, related to cooperative agreements. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amend- ment note under section 238l of this title. SUBCHAPTER IV—MENTAL HEALTH RIGHTS AND ADVOCACY § 9501. Bill of Rights It is the sense of the Congress that each State should review and revise, if necessary, its laws to ensure that mental health patients receive the protection and services they require; and in making such review and revision should take into account the recommendations of the Presi- dent’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 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 Page 7705 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9501 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; and (iii) 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. (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 Page 7706 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9502 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. 96–398, title V, § 501, Oct. 7, 1980, 94 Stat. 1598.) § 9502. Repealed. Pub. L. 97–35, title IX, § 902(e)(1), Aug. 13, 1981, 95 Stat. 560 Section, Pub. L. 96–398, title V, § 502, Oct. 7, 1980, 94 Stat. 1601, related to grants for protection and advo- cacy programs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amend- ment note under section 238l of this title. SUBCHAPTER V—SEX OFFENSE PREVENTION AND CONTROL § 9511. Grants for sex offense prevention and control (a) Authority of National Center for the Preven- tion and Control of Sex Offenses; functions The Secretary, acting through the National Center for the Prevention and Control of Sex Of- fenses (hereafter in this section referred to as the ‘‘Center’’), may, directly or by grant, carry out the following: (1) A continuing study of sex offenses, in- cluding a study and investigation of— (A) the effectiveness of existing Federal, State, and local laws dealing with sex of- fenses; (B) the relationship, if any, between tradi- tional legal and social attitudes toward sex- ual roles, sex offenses, and the formulation of laws dealing with rape; (C) the treatment of the victims of sex of- fenses by law enforcement agencies, hos- pitals or other medical institutions, prosecu- tors, and the courts; (D) the causes of sex offenses, identifying to the degree possible— (i) social conditions which encourage sexual attacks, and (ii) the motives of offenders, and (E) the impact of a sex offense on the vic- tim and family of the victim; (F) sexual assaults in correctional institu- tions; (G) the estimated actual incidence of forc- ible sex offenses as compared to the reported incidence of forcible sex offenses and the reasons for any difference between the two; and (H) the effectiveness of existing private and local and State government educational, counseling, and other programs designed to prevent and control sex offenses. (2) The compilation, analysis, and publica- tion of summaries of the continuing study conducted under paragraph (1) and the re- search and demonstration projects conducted under paragraph (5). The Secretary shall sub- mit not later than March 30, 1983, to the Con- gress a summary of such study and projects together with a review of their effectiveness and recommendations where appropriate. (3) The development and maintenance of an information clearinghouse with regard to— (A) the prevention and control of sex of- fenses; (B) the treatment and counseling of the victims of sex offenses and their families; and (C) the rehabilitation of offenders. (4) The compilation and publication of train- ing materials for personnel who are engaged or intend to engage in programs designed to pre- vent and control sex offense. (5) Assistance to qualified public and non- profit private entities in conducting research and demonstration projects concerning the prevention and control of sex offense, includ- ing projects (A) for the planning, development, implementation, and evaluation of alternative methods used in the prevention and control of sex offense, the treatment and counseling of the victims of sex offense and their families, and the rehabilitation of offenders; (B) for the application of such alternative methods; and (C) for the promotion of community awareness of the specific locations in which, and the spe- cific social and other conditions under which sexual attacks are most likely to occur. (b) Advisory committee; functions, membership, etc. The Secretary shall appoint an advisory com- mittee to advise, consult with, and make rec- ommendations to the Secretary on the imple- mentation of subsection (a). The recommenda- tions of the committee shall be submitted di- rectly to the Secretary without review or revi- sion by any person without the consent of the committee. The Secretary shall appoint to such committee persons who are particularly quali- fied to assist in carrying out the functions of the committee. A majority of the members of the