42 U.S.C. § 290ii — Requirement relating to the rights of resi-

Page 960 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290ii are reviewed by appropriate experts in the field as part of a consensus-review process. The Sec- retary shall include review criteria related to expertise and experience in child trauma and evidence-based practices. (g) Geographical distribution The Secretary shall ensure that grants, con- tracts or cooperative agreements under sub- section (a) are distributed equitably among the regions of the United States and among urban and rural areas. (h) Evaluation The Secretary, as part of the application proc- ess, shall require that each applicant for a grant, contract or cooperative agreement under subsection (a) submit a plan for the rigorous evaluation of the activities funded under the grant, contract or agreement, including both process and outcomes evaluation, and the sub- mission of an evaluation at the end of the project period. (i) Duration of awards With respect to a grant, contract or coopera- tive agreement under subsection (a), the period during which payments under such an award will be made to the recipient shall not be less than 4 years, but shall not exceed 5 years. Such grants, contracts or agreements may be re- newed. (j) Authorization of appropriations There is authorized to be appropriated to carry out this section, $63,887,000 for each of fis- cal years 2019 through 2023. (k) Short title This section may be cited as the ‘‘Donald J. Cohen National Child Traumatic Stress Initia- tive’’. (July 1, 1944, ch. 373, title V, § 582, as added Pub. L. 106–310, div. B, title XXXI, § 3101, Oct. 17, 2000, 114 Stat. 1169; amended Pub. L. 107–116, title II, § 218, Jan. 10, 2002, 115 Stat. 2201; Pub. L. 107–188, title I, § 155, June 12, 2002, 116 Stat. 633; Pub. L. 114–255, div. B, title X, § 10004, Dec. 13, 2016, 130 Stat. 1265; Pub. L. 115–271, title VII, § 7133, Oct. 24, 2018, 132 Stat. 4051.) Editorial Notes CODIFICATION Another section 582 of act July 1, 1944, is classified to section 290kk–1 of this title. AMENDMENTS 2018—Subsec. (j). Pub. L. 115–271 substituted ‘‘$63,887,000 for each of fiscal years 2019 through 2023’’ for ‘‘$46,887,000 for each of fiscal years 2018 through 2022’’. 2016—Subsec. (a). Pub. L. 114–255, § 10004(1), sub- stituted ‘‘developing and maintaining programs that provide for—’’ and pars. (1) and (2) for ‘‘developing pro- grams focusing on the behavioral and biological aspects of psychological trauma response and for developing knowledge with regard to evidence-based practices for treating psychiatric disorders of children and youth re- sulting from witnessing or experiencing a traumatic event.’’ Subsec. (b). Pub. L. 114–255, § 10004(2), substituted ‘‘subsection (a)(2) (related’’ for ‘‘subsection (a) re- lated’’, ‘‘treating mental, behavioral, and biological disorders associated with psychological trauma)’’ for ‘‘treating disorders associated with psychological trau- ma’’, and ‘‘universities, hospitals, mental health agen- cies, and other programs that have established clinical expertise and research’’ for ‘‘mental health agencies and programs that have established clinical and basic research’’. Subsecs. (c) to (f). Pub. L. 114–255, § 10004(4), added subsecs. (c) to (f). Former subsecs. (c) to (f) redesig- nated (g) to (j), respectively. Subsec. (g). Pub. L. 114–255, § 10004(3), (5), redesignated subsec. (c) as (g) and substituted ‘‘are distributed equi- tably among the regions of the United States’’ for ‘‘with respect to centers of excellence are distributed equitably among the regions of the country’’. Former subsec. (g) redesignated (k). Subsec. (h). Pub. L. 114–255, § 10004(3), redesignated subsec. (d) as (h). Subsec. (i). Pub. L. 114–255, § 10004(3), (6), redesignated subsec. (e) as (i) and substituted ‘‘recipient shall not be less than 4 years, but shall not exceed 5 years’’ for ‘‘re- cipient may not exceed 5 years’’. Subsec. (j). Pub. L. 114–255, § 10004(3), (7), redesignated subsec. (f) as (j) and substituted ‘‘$46,887,000 for each of fiscal years 2018 through 2022’’ for ‘‘$50,000,000 for fiscal year 2001, and such sums as may be necessary for each of fiscal years 2003 through 2006’’. Subsec. (k). Pub. L. 114–255, § 10004(3), redesignated subsec. (g) as (k). 2002—Subsec. (f). Pub. L. 107–188 substituted ‘‘2003 through 2006’’ for ‘‘2002 and 2003’’. Subsec. (g). Pub. L. 107–116 added subsec. (g). PART H—REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN FACILITIES § 290ii. Requirement relating to the rights of resi- dents of certain facilities (a) In general A public or private general hospital, nursing facility, intermediate care facility, or other health care facility, that receives support in any form from any program supported in whole or in part with funds appropriated to any Federal de- partment or agency shall protect and promote the rights of each resident of the facility, in- cluding the right to be free from physical or mental abuse, corporal punishment, and any re- straints or involuntary seclusions imposed for purposes of discipline or convenience. (b) Requirements Restraints and seclusion may only be imposed on a resident of a facility described in sub- section (a) if— (1) the restraints or seclusion are imposed to ensure the physical safety of the resident, a staff member, or others; and (2) the restraints or seclusion are imposed only upon the written order of a physician, or other licensed practitioner permitted by the State and the facility to order such restraint or seclusion, that specifies the duration and circumstances under which the restraints are to be used (except in emergency circumstances specified by the Secretary until such an order could reasonably be obtained). (c) Current law This part shall not be construed to affect or impede any Federal or State law or regulations that provide greater protections than this part regarding seclusion and restraint. (d) Definitions In this section: Page 961 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290ii–2 1 See References in Text note below. 1 See References in Text note below. (1) Restraints The term ‘‘restraints’’ means— (A) any physical restraint that is a me- chanical or personal restriction that immo- bilizes or reduces the ability of an individual to move his or her arms, legs, or head freely, not including devices, such as orthopedically prescribed devices, surgical dressings or ban- dages, protective helmets, or any other methods that involves the physical holding of a resident for the purpose of conducting routine physical examinations or tests or to protect the resident from falling out of bed or to permit the resident to participate in activities without the risk of physical harm to the resident (such term does not include a physical escort); and (B) a drug or medication that is used as a restraint to control behavior or restrict the resident’s freedom of movement that is not a standard treatment for the resident’s med- ical or psychiatric condition. (2) Seclusion The term ‘‘seclusion’’ means a behavior con- trol technique involving locked isolation. Such term does not include a time out. (3) Physical escort The term ‘‘physical escort’’ means the tem- porary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of in- ducing a resident who is acting out to walk to a safe location. (4) Time out The term ‘‘time out’’ means a behavior man- agement technique that is part of an approved treatment program and may involve the sepa- ration of the resident from the group, in a non-locked setting, for the purpose of calming. Time out is not seclusion. (July 1, 1944, ch. 373, title V, § 591, as added Pub. L. 106–310, div. B, title XXXII, § 3207, Oct. 17, 2000, 114 Stat. 1195.) § 290ii–1. Reporting requirement (a) In general Each facility to which the Protection and Ad- vocacy for Mentally Ill Individuals Act of 1986 1 [42 U.S.C. 10801 et seq.] applies shall notify the appropriate agency, as determined by the Sec- retary, of each death that occurs at each such facility while a patient is restrained or in seclu- sion, of each death occurring within 24 hours after the patient has been removed from re- straints 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 resi- dent and shall be provided not later than 7 days after the date of the death of the individual in- volved. (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 Men- tally Ill Individuals Act of 1986 1 (42 U.S.C. 10802(3)). (July 1, 1944, ch. 373, title V, § 592, as added Pub. L. 106–310, div. B, title XXXII, § 3207, Oct. 17, 2000, 114 Stat. 1196.) Editorial Notes REFERENCES IN TEXT The Protection and Advocacy for Mentally Ill Indi- viduals Act of 1986, referred to in text, was Pub. L. 99–319, May 23, 1986, 100 Stat. 478. Pub. L. 99–319 was re- named 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 clas- sified 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. § 290ii–2. Regulations and enforcement (a) Training Not later than 1 year after October 17, 2000, the Secretary, after consultation with appro- priate State and local protection and advocacy organizations, physicians, facilities, and other health care professionals and patients, shall pro- mulgate 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 sub- section (b). (b) Requirements The regulations promulgated under subsection (a) shall require that— (1) facilities described in subsection (a) en- sure that there is an adequate number of qualified professional and supportive staff to evaluate patients, formulate written individ- ualized, 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 accu- rate 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, in- cluding a failure to provide appropriate train- ing, shall not be eligible for participation in any program supported in whole or in part by funds appropriated to any Federal department or agency. (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.) Editorial Notes REFERENCES IN TEXT The Protection and Advocacy for Mentally Ill Indi- viduals Act of 1986, referred to in subsec. (a), was Pub. L. 99–319, May 23, 1986, 100 Stat. 478. 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 clas- sified generally to chapter 114 (§ 10801 et seq.) of this