-CITE-
    42 USC CHAPTER 114 - PROTECTION AND ADVOCACY FOR
           INDIVIDUALS WITH MENTAL ILLNESS                 01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       

-HEAD-
     CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                                  ILLNESS


-MISC1-
              SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS          

                     PART A - ESTABLISHMENT OF SYSTEMS                 
    Sec.                                                     
    10801.      Congressional findings and statement of purpose.      
    10802.      Definitions.                                          
    10803.      Allotments.                                           
    10804.      Use of allotments.                                    
    10805.      System requirements.                                  
    10806.      Access to records.                                    
    10807.      Legal actions.                                        

                    PART B - ADMINISTRATIVE PROVISIONS                
    10821.      Applications.                                         
    10822.      Allotment formula and reallotments.                   
    10823.      Payments under allotments.                            
    10824.      Reports by Secretary.                                 
    10825.      Technical assistance.                                 
    10826.      Administration.                                       
    10827.      Authorization of appropriations.                      

      SUBCHAPTER II - RESTATEMENT OF BILL OF RIGHTS FOR MENTAL HEALTH
                                 PATIENTS
    10841.      Restatement of bill of rights.                        

                       SUBCHAPTER III - CONSTRUCTION                   
    10851.      Construction of subchapters I and II; "individual with
                 mental illness" defined.                             

-End-


-CITE-
    42 USC SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS

-HEAD-
              SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS          

-End-


-CITE-
    42 USC Part A - Establishment of Systems                    01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part A - Establishment of Systems

-HEAD-
                     PART A - ESTABLISHMENT OF SYSTEMS                 

-End-



-CITE-
    42 USC Sec. 10801                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part A - Establishment of Systems

-HEAD-
    Sec. 10801. Congressional findings and statement of purpose

-STATUTE-
      (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-
    (Pub. L. 99-319, title I, Sec. 101, May 23, 1986, 100 Stat. 478;
    Pub. L. 102-173, Secs. 3, 10(2), Nov. 27, 1991, 105 Stat. 1217,
    1219.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 99-319, May 23, 1986, 100 Stat. 478,
    which is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note below
    and Tables.


-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a). Pub. L. 102-173, Sec. 10(2), substituted
    "individuals with mental illness" for "mentally ill individuals" in
    three places.
      Subsec. (a)(2) to (4). Pub. L. 102-173, Sec. 3, added par. (2)
    and redesignated former pars. (2) and (3) as (3) and (4),
    respectively.
      Subsec. (b). Pub. L. 102-173, Sec. 10(2), substituted
    "individuals with mental illness" for "mentally ill individuals" in
    three places.

                       SHORT TITLE OF 1991 AMENDMENT                   
      Section 1 of Pub. L. 102-173 provided that: "This Act [amending
    this section and sections 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, Sec. 1, Oct. 20, 1988, 102 Stat. 2543, provided
    that: "This Act [amending sections 10802, 10804 to 10806, 10821,
    10822, 10825, and 10827 of this title and enacting a provision set
    out as a note under section 10827 of this title] may be cited as
    the 'Protection and Advocacy for Mentally Ill Individuals
    Amendments Act of 1988'."

                                SHORT TITLE                            
      Pub. L. 99-319, Sec. 1, May 23, 1986, 100 Stat. 478, as amended
    by Pub. L. 106-310, div. B, title XXXII, Sec. 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             
      Section 402 of Pub. L. 99-319 provided that: "This Act [see Short
    Title note above] shall not be construed as superseding any of the
    balanced budget provisions set forth in section 3(7) of the
    Congressional Budget and Impoundment Control Act of 1974 [2 U.S.C.
    622(7)]."

-End-



-CITE-
    42 USC Sec. 10802                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part A - Establishment of Systems

-HEAD-
    Sec. 10802. Definitions

-STATUTE-
      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 (!1) 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 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, 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
          (B)(i)(I) who is an inpatient or resident in a facility
        rendering care or treatment, even if the whereabouts of such
        inpatient or resident are unknown;
          (II) who is in the process of being admitted to a facility
        rendering care or treatment, including persons being
        transported to such a facility; or"; (!2)

          (III) who is involuntarily confined in a municipal detention
        facility for reasons other than serving a sentence resulting
        from conviction for a criminal offense; or
          (ii) who satisfies the requirements of subparagraph (A) and
        lives in a community setting, including their own home.

        (5) The term "neglect" means a negligent act or omission by any
      individual responsible for providing services in a facility
      rendering care or treatment which caused or may have caused
      injury or death to a (!1) individual with mental illness or which
      placed a (!1) individual with mental illness at risk of injury or
      death, and includes an act or omission such as the failure to
      establish or carry out an appropriate individual program plan or
      treatment plan for a (!1) individual with mental illness, the
      failure to provide adequate nutrition, clothing, or health care
      to a (!1) individual with mental illness, or the failure to
      provide a safe environment for a (!1) individual with mental
      illness, including the failure to maintain adequate numbers of
      appropriately trained staff.
        (6) The term "Secretary" means the Secretary of Health and
      Human Services.
        (7) The term "State" means each of the several States, the
      District of Columbia, the Commonwealth of Puerto Rico, Guam, the
      Commonwealth of the Northern Mariana Islands, American Samoa, the
      Virgin Islands, and the Trust Territory of the Pacific Islands.
        (8) The term "American Indian consortium" means a consortium
      established under part C of the Developmental Disabilities
      Assistance and Bill of Rights Act (!3) (42 U.S.C. 6042 et seq.).


-SOURCE-
    (Pub. L. 99-319, title I, Sec. 102, May 23, 1986, 100 Stat. 478;
    Pub. L. 100-509, Sec. 3, Oct. 20, 1988, 102 Stat. 2543; Pub. L. 102-
    173, Secs. 4, 10(1), Nov. 27, 1991, 105 Stat. 1217, 1219; Pub. L.
    106-310, div. B, title XXXII, Sec. 3206(b), Oct. 17, 2000, 114
    Stat. 1194; Pub. L. 106-402, title IV, Sec. 401(b)(13)(A), Oct. 30,
    2000, 114 Stat. 1739.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Developmental Disabilities Assistance and Bill of Rights Act
    of 2000, referred to in par. (2), is Pub. L. 106-402, Oct. 30,
    2000, 114 Stat. 1677. Subtitle C of the Act probably means subtitle
    C of title I of the Act, which is classified generally to part C
    (Sec. 15041 et seq.) of subchapter I of chapter 144 of this title.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 15001 of this title and Tables.
      The Developmental Disabilities Assistance and Bill of Rights Act,
    referred to in par. (8), is title I of Pub. L. 88-164, as added by
    Pub. L. 98-527, Sec. 2, Oct. 19, 1984, 98 Stat. 2662, as amended,
    which was repealed by Pub. L. 106-402, title IV, Sec. 401(a), Oct.
    30, 2000, 114 Stat. 1737. Part C of the Act was classified
    generally to subchapter III (Sec. 6041 et seq.) of chapter 75 of
    this title. For complete classification of this Act to the Code,
    see Tables.


-MISC1-
                                AMENDMENTS                            
      2000 - Par. (2). Pub. L. 106-402 substituted "subtitle C of the
    Developmental Disabilities Assistance and Bill of Rights Act of
    2000" for "part C of the Developmental Disabilities Assistance and
    Bill of Rights Act".
      Par. (4). Pub. L. 106-310, Sec. 3206(b)(1)(A), inserted ", except
    as provided in section 10804(d) of this title," after "means" in
    introductory provisions.
      Par. (4)(B). Pub. L. 106-310, Sec. 3206(b)(1)(B), designated
    existing provisions as cl. (i), redesignated former cls. (i) to
    (iii) as subcls. (I) to (III), respectively, of cl. (i), and added
    cl. (ii).
      Par. (8). Pub. L. 106-310, Sec. 3206(b)(2), added par. (8).
      1991 - Par. (1). Pub. L. 102-173, Sec. 10(1), substituted
    "individual with mental illness" for "mentally ill individual"
    wherever appearing.
      Pars. (3) to (7). Pub. L. 102-173 added par. (3), redesignated
    former pars. (3) to (6) as (4) to (7), respectively, and
    substituted "individual with mental illness" for "mentally ill
    individual" wherever appearing in pars. (4) and (5).
      1988 - Par. (1). Pub. L. 100-509, Sec. 3(1), inserted "or death"
    after "caused, injury".
      Par. (3)(B). Pub. L. 100-509, Sec. 3(2), designated existing
    provisions as cl. (i), substituted ", even if the whereabouts of
    such inpatient or resident are unknown;" for period at end, and
    added cls. (ii) and (iii).
      Par. (4). Pub. L. 100-509, Sec. 3(3), inserted "or death" after
    "injury" in two places and inserted before period at end ",
    including the failure to maintain adequate numbers of appropriately
    trained staff".


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-FOOTNOTE-
    (!1) So in original. Probably should be "an".

               

    (!2) So in original.

    (!3) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 10803                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part A - Establishment of Systems

-HEAD-
    Sec. 10803. Allotments

-STATUTE-
      The Secretary shall make allotments under this subchapter to
    eligible systems to establish and administer systems - 
        (1) which meet the requirements of section 10805 of this title;
      and
        (2) which are designed to - 
          (A) protect and advocate the rights of individuals with
        mental illness; 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-
    (Pub. L. 99-319, title I, Sec. 103, May 23, 1986, 100 Stat. 479;
    Pub. L. 102-173, Sec. 10(2), Nov. 27, 1991, 105 Stat. 1219.)


-MISC1-
                                AMENDMENTS                            
      1991 - Par. (2). Pub. L. 102-173 substituted "individuals with
    mental illness" for "mentally ill individuals" in two places.

-End-



-CITE-
    42 USC Sec. 10804                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part A - Establishment of Systems

-HEAD-
    Sec. 10804. Use of allotments

-STATUTE-
    (a) Contracts
      (1) An eligible system may use its allotment under this
    subchapter to enter into contracts with State agencies and
    nonprofit organizations which operate throughout the State. In
    order to be eligible for a contract under this paragraph - 
        (A) such an agency shall be independent of any agency which
      provides treatment or services (other than advocacy services) to
      individuals with mental illness; and
        (B) such an agency or organization shall have the capacity to
      protect and advocate the rights of individuals with mental
      illness.

      (2) In carrying out paragraph (1), an eligible system should
    consider entering into contracts with organizations including, in
    particular, groups run by individuals who have received or are
    receiving mental health services, or the family members of such
    individuals, which,(!1) provide protection or advocacy services to
    individuals with mental illness.

    (b) Obligation of allotments; technical assistance and training
      (1) If an eligible system is a public entity, the government of
    the State in which the system is located may not require the system
    to obligate more than 5 percent of its allotment under this
    subchapter in any fiscal year for administrative expenses.
      (2) An eligible system may not use more than 10 percent of any
    allotment under this subchapter for any fiscal year for the costs
    of providing technical assistance and training to carry out this
    subchapter.
    (c) Representation of individuals with mental illness
      An eligible system may use its allotment under this subchapter to
    provide representation to individuals with mental illness in
    Federal facilities who request representation by the eligible
    system. Representatives of such individuals from such system shall
    be accorded all the rights and authority accorded to other
    representatives of residents of such facilities pursuant to State
    law and other Federal laws.
    (d) Definition for purposes of representation of individuals with
      mental illness; priority
      The definition of "individual with a mental illness" contained in
    section 10802(4)(B)(iii) of this title shall apply, and thus an
    eligible system may use its allotment under this subchapter to
    provide representation to such individuals, only if the total
    allotment under this subchapter for any fiscal year is $30,000,000
    or more, and in such case, an eligible system must give priority to
    representing persons with mental illness as defined in
    subparagraphs (A) and (B)(i) of section 10802(4) of this title.

-SOURCE-
    (Pub. L. 99-319, title I, Sec. 104, May 23, 1986, 100 Stat. 479;
    Pub. L. 100-509, Sec. 7(a), (b)(1), Oct. 20, 1988, 102 Stat. 2544;
    Pub. L. 102-173, Secs. 5, 10(2), Nov. 27, 1991, 105 Stat. 1217,
    1219; Pub. L. 106-310, div. B, title XXXII, Sec. 3206(c), Oct. 17,
    2000, 114 Stat. 1194.)


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (d). Pub. L. 106-310 added subsec. (d).
      1991 - Subsec. (a). Pub. L. 102-173, Sec. 10(2), substituted
    "individuals with mental illness" for "mentally ill individuals" in
    three places.
      Subsec. (c). Pub. L. 102-173, Sec. 5, added subsec. (c).
      1988 - Subsec. (a)(2). Pub. L. 100-509, Sec. 7(a), substituted
    "including, in particular, groups run by individuals who have
    received or are receiving mental health services, or the family
    members of such individuals, which" for "which, on May 23, 1986".
      Subsec. (b)(2). Pub. L. 100-509, Sec. 7(b)(1), substituted "10"
    for "5".

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.


-End-



-CITE-
    42 USC Sec. 10805                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part A - Establishment of Systems

-HEAD-
    Sec. 10805. System requirements

-STATUTE-
    (a) Authority; independent status; access to facilities and
      records; advisory council; annual report; grievance procedure
      A system established in a State under section 10803 of this title
    to protect and advocate the rights of individuals with mental
    illness shall - 
        (1) have the authority to - 
          (A) 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;
          (B) pursue administrative, legal, and other appropriate
        remedies to ensure the protection of individuals with mental
        illness who are receiving care or treatment in the State; and
          (C) pursue administrative, legal, and other remedies on
        behalf of an individual who - 
            (i) was a (!1) individual with mental illness; and

            (ii) is a resident of the State,

        but only with respect to matters which occur within 90 days
        after the date of the discharge of such individual from a
        facility providing care or treatment;

        (2) be independent of any agency in the State which provides
      treatment or services (other than advocacy services) to
      individuals with mental illness;
        (3) have access to facilities in the State providing care or
      treatment;
        (4) in accordance with section 10806 of this title, have access
      to all records of - 
          (A) any individual who is a client of the system if such
        individual, or the legal guardian, conservator, or other legal
        representative of such individual, has authorized the system to
        have such access;
          (B) any individual (including an individual who has died or
        whose whereabouts are unknown) - 
            (i) who by reason of the mental or physical condition of
          such individual is unable to authorize the system to have
          such access;
            (ii) who does not have a legal guardian, conservator, or
          other legal representative, or for whom the legal guardian is
          the State; and
            (iii) with respect to whom a complaint has been received by
          the system or with respect to whom as a result of monitoring
          or other activities (either of which result from a complaint
          or other evidence) there is probable cause to believe that
          such individual has been subject to abuse or neglect; and

          (C) any individual with a mental illness, who has a legal
        guardian, conservator, or other legal representative, with
        respect to whom a complaint has been received by the system or
        with respect to whom there is probable cause to believe the
        health or safety of the individual is in serious and immediate
        jeopardy, whenever - 
            (i) such representative has been contacted by such system
          upon receipt of the name and address of such representative;
            (ii) such system has offered assistance to such
          representative to resolve the situation; and
            (iii) such representative has failed or refused to act on
          behalf of the individual;

        (5) have an arrangement with the Secretary and the agency of
      the State which administers the State plan under title XIX of the
      Social Security Act [42 U.S.C. 1396 et seq.] for the furnishing
      of the information required by subsection (b) of this section;
        (6) establish an advisory council - 
          (A) which will advise the system on policies and priorities
        to be carried out in protecting and advocating the rights of
        individuals with mental illness;
          (B) which shall include attorneys, mental health
        professionals, individuals from the public who are
        knowledgeable about mental illness, a provider of mental health
        services, individuals who have received or are receiving mental
        health services, and family members of such individuals, and at
        least 60 percent the membership of which shall be comprised of
        individuals who have received or are receiving mental health
        services or who are family members of such individuals; and
          (C) which shall be chaired by an individual who has received
        or is receiving mental health services or who is a family
        member of such an individual;

        (7) on January 1, 1987, and January 1 of each succeeding year,
      prepare and transmit to the Secretary and the head of the State
      mental health agency of the State in which the system is located
      a report describing the activities, accomplishments, and
      expenditures of the system during the most recently completed
      fiscal year, including a section prepared by the advisory council
      that describes the activities of the council and its assessment
      of the operations of the system;
        (8) on an annual basis, provide the public with an opportunity
      to comment on the priorities established by, and the activities
      of, the system;
        (9) establish a grievance procedure for clients or prospective
      clients of the system to assure that individuals with mental
      illness have full access to the services of the system and for
      individuals who have received or are receiving mental health
      services, family members of such individuals with mental illness,
      or representatives of such individuals or family members to
      assure that the eligible system is operating in compliance with
      the provisions of this subchapter and subchapter III of this
      chapter; and
        (10) not use allotments provided to a system in a manner
      inconsistent with section 14404 of this title.
    (b) Annual survey report; plan of corrections
      The Secretary and the agency of a State which administers its
    State plan under title XIX of the Social Security Act [42 U.S.C.
    1396 et seq.] shall provide the eligible system of the State with a
    copy of each annual survey report and plan of corrections for cited
    deficiencies made pursuant to titles XVIII and XIX of the Social
    Security Act [42 U.S.C. 1395 et seq., 1396 et seq.] with respect to
    any facility rendering care or treatment to individuals with mental
    illness in the State in which such system is located. A report or
    plan shall be made available within 30 days after the completion of
    the report or plan.
    (c) Governing authority
      (1)(A) Each system established in a State, through allotments
    received under section 10803 of this title, to protect and advocate
    the rights of individuals with mental illness shall have a
    governing authority.
      (B) In States in which the governing authority is organized as a
    private non-profit entity with a multi-member governing board, or a
    public system with a multi-member governing board, such governing
    board shall be selected according to the policies and procedures of
    the system. The governing board shall be composed of - 
        (i) members (to be selected no later than October 1, 1990) who
      broadly represent or are knowledgeable about the needs of the
      clients served by the system; and
        (ii) in the case of a governing authority organized as a
      private non-profit entity, members who broadly represent or are
      knowledgeable about the needs of the clients served by the system
      including the chairperson of the advisory council of such system.

    As used in this subparagraph, the term "members who broadly
    represent or are knowledgeable about the needs of the clients
    served by the system" shall be construed to include individuals who
    have received or are receiving mental health services and family
    members of such individuals.
      (2) The governing authority established under paragraph (1) shall
    - 
        (A) be responsible for the planning, design, implementation,
      and functioning of the system; and
        (B) consistent with subparagraph (A), jointly develop the
      annual priorities of the system with the advisory council.

-SOURCE-
    (Pub. L. 99-319, title I, Sec. 105, May 23, 1986, 100 Stat. 480;
    Pub. L. 100-509, Secs. 4-6(a), 7(c), Oct. 20, 1988, 102 Stat. 2543-
    2545; Pub. L. 102-173, Secs. 6, 10, Nov. 27, 1991, 105 Stat. 1218,
    1219; Pub. L. 105-12, Sec. 9(m), Apr. 30, 1997, 111 Stat. 28.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsecs. (a)(5) and (b),
    is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles
    XVIII and XIX of the Social Security Act are classified generally
    to subchapters XVIII (Sec. 1395 et seq.) and XIX (Sec. 1396 et
    seq.) of chapter 7 of this title, respectively. For complete
    classification of this Act to the Code, see section 1305 of this
    title and Tables.


-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (a)(10). Pub. L. 105-12 added par. (10).
      1991 - Subsec. (a). Pub. L. 102-173, Sec. 10, substituted
    "individual with mental illness" for "mentally ill individual" and
    "individuals with mental illness" for "mentally ill individuals"
    wherever appearing.
      Subsec. (a)(4). Pub. L. 102-173, Sec. 6(a), inserted "as a result
    of monitoring or other activities (either of which result from a
    complaint or other evidence)" before "there is" in subpar. (B)(iii)
    and added subpar. (C).
      Subsec. (a)(6). Pub. L. 102-173, Sec. 6(b), substituted "60
    percent" for "one-half" in subpar. (B) and added subpar. (C).
      Subsec. (a)(9). Pub. L. 102-173, Sec. 6(c), inserted before
    period at end "and for individuals who have received or are
    receiving mental health services, family members of such
    individuals with mental illness, or representatives of such
    individuals or family members to assure that the eligible system is
    operating in compliance with the provisions of this subchapter and
    subchapter III of this chapter".
      Subsec. (b). Pub. L. 102-173, Sec. 10(2), substituted
    "individuals with mental illness" for "mentally ill individuals".
      Subsec. (c)(1). Pub. L. 102-173, Secs. 6(d), 10(2), substituted
    "individuals with mental illness" for "mentally ill individuals" in
    subpar. (A) and inserted at end of subpar. (B) "As used in this
    subparagraph, the term 'members who broadly represent or are
    knowledgeable about the needs of the clients served by the system'
    shall be construed to include individuals who have received or are
    receiving mental health services and family members of such
    individuals."
      1988 - Subsec. (a)(4)(B). Pub. L. 100-509, Sec. 6(a), inserted
    "(including an individual who has died or whose whereabouts are
    unknown)" after "any individual".
      Subsec. (a)(6). Pub. L. 100-509, Sec. 4(1), substituted "an
    advisory council" for "a board".
      Subsec. (a)(7). Pub. L. 100-509, Sec. 5, substituted ", including
    a section prepared by the advisory council that describes the
    activities of the council and its assessment of the operations of
    the system;" for period at end.
      Subsec. (a)(8), (9). Pub. L. 100-509, Sec. 7(c), added pars. (8)
    and (9).
      Subsec. (c). Pub. L. 100-509, Sec. 4(2), added subsec. (c).

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-12 effective Apr. 30, 1997, and
    applicable to Federal payments made pursuant to obligations
    incurred after Apr. 30, 1997, for items and services provided on or
    after such date, subject to also being applicable with respect to
    contracts entered into, renewed, or extended after Apr. 30, 1997,
    as well as contracts entered into before Apr. 30, 1997, to the
    extent permitted under such contracts, see section 11 of Pub. L.
    105-12, set out as an Effective Date note under section 14401 of
    this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "an".


-End-



-CITE-
    42 USC Sec. 10806                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part A - Establishment of Systems

-HEAD-
    Sec. 10806. Access to records

-STATUTE-
      (a) An eligible system which, pursuant to section 10805(a)(4) of
    this title, has access to records which, under Federal or State
    law, are required to be maintained in a confidential manner by a
    provider of mental health services, shall, except as provided in
    subsection (b) of this section, maintain the confidentiality of
    such records to the same extent as is required of the provider of
    such services.
      (b)(1) Except as provided in paragraph (2), an eligible system
    which has access to records pursuant to section 10805(a)(4) of this
    title may not disclose information from such records to the
    individual who is the subject of the information if the mental
    health professional responsible for supervising the provision of
    mental health services to such individual has provided the system
    with a written determination that disclosure of such information to
    such individual would be detrimental to such individual's health.
      (2)(A) If disclosure of information has been denied under
    paragraph (1) to an individual - 
        (i) such individual;
        (ii) the legal guardian, conservator, or other legal
      representative of such individual; or
        (iii) an eligible system, acting on behalf of an individual
      described in subparagraph (B),

    may select another mental health professional to review such
    information and to determine if disclosure of such information
    would be detrimental to such individual's health. If such mental
    health professional determines, based on professional judgment,
    that disclosure of such information would not be detrimental to the
    health of such individual, the system may disclose such information
    to such individual.
      (B) An eligible system may select a mental health professional
    under subparagraph (A)(iii) on behalf of - 
        (i) an individual whose legal guardian is the State; or
        (ii) an individual who has a legal guardian, conservator, or
      other legal representative other than the State if such guardian,
      conservator, or representative does not, within a reasonable time
      after such individual is denied access to information under
      paragraph (1), select a mental health professional under
      subparagraph (A) to review such information.

      (C) If the laws of a State prohibit an eligible system from
    obtaining access to the records of individuals with mental illness
    in accordance with section 10805(a)(4) of this title and this
    section, section 10805(a)(4) of this title and this section shall
    not apply to such system before - 
        (i) the date such system is no longer subject to such a
      prohibition; or
        (ii) the expiration of the 2-year period beginning on May 23,
      1986,

    whichever occurs first.
      (3)(A) As used in this section, the term "records" includes
    reports prepared by any staff of a facility rendering care and
    treatment or reports prepared by an agency charged with
    investigating reports of incidents of abuse, neglect, and injury
    occurring at such facility that describe incidents of abuse,
    neglect, and injury occurring at such facility and the steps taken
    to investigate such incidents, and discharge planning records.
      (B) An eligible system shall have access to the type of records
    described in subparagraph (A) in accordance with the provisions of
    subsection (a) of this section and paragraphs (1) and (2) of
    subsection (b) of this section.

-SOURCE-
    (Pub. L. 99-319, title I, Sec. 106, May 23, 1986, 100 Stat. 481;
    Pub. L. 100-509, Sec. 6(b), Oct. 20, 1988, 102 Stat. 2544; Pub. L.
    102-173, Sec. 10(2), Nov. 27, 1991, 105 Stat. 1219.)


-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (b)(2)(C). Pub. L. 102-173 substituted
    "individuals with mental illness" for "mentally ill individuals".
      1988 - Subsec. (b)(3). Pub. L. 100-509 added par. (3).

-End-



-CITE-
    42 USC Sec. 10807                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part A - Establishment of Systems

-HEAD-
    Sec. 10807. Legal actions

-STATUTE-
      (a) Prior to instituting any legal action in a Federal or State
    court on behalf of a (!1) individual with mental illness, an
    eligible system, or a State agency or nonprofit organization which
    entered into a contract with an eligible system under section
    10804(a) of this title, shall exhaust in a timely manner all
    administrative remedies where appropriate. If, in pursuing
    administrative remedies, the system, agency, or organization
    determines that any matter with respect to such individual will not
    be resolved within a reasonable time, the system, agency, or
    organization may pursue alternative remedies, including the
    initiation of a legal action.

      (b) Subsection (a) of this section does not apply to any legal
    action instituted to prevent or eliminate imminent serious harm to
    a (!1) individual with mental illness.

-SOURCE-
    (Pub. L. 99-319, title I, Sec. 107, May 23, 1986, 100 Stat. 482;
    Pub. L. 102-173, Sec. 10(1), Nov. 27, 1991, 105 Stat. 1219.)


-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-173 substituted "individual with mental
    illness" for "mentally ill individual" in subsecs. (a) and (b).

-FOOTNOTE-
    (!1) So in original. Probably should be "an".


-End-


-CITE-
    42 USC Part B - Administrative Provisions                   01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part B - Administrative Provisions

-HEAD-
                    PART B - ADMINISTRATIVE PROVISIONS                

-End-



-CITE-
    42 USC Sec. 10821                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part B - Administrative Provisions

-HEAD-
    Sec. 10821. Applications

-STATUTE-
    (a) Submission for allotment; contents
      No allotment may be made under this subchapter to an eligible
    system unless an application therefor is submitted to the
    Secretary. Each such application shall contain - 
        (1) assurances that amounts paid to such system from an
      allotment under this subchapter will be used to supplement and
      not to supplant the level of non-Federal funds available in the
      State in which such system is established to protect and advocate
      the rights of individuals with mental illness;
        (2) assurances that such system will have a staff which is
      trained or being trained to provide advocacy services to
      individuals with mental illness and to work with family members
      of clients served by the system where the individuals with mental
      illness are minors, legally competent and do not object, and
      legally incompetent and the legal guardians, conservators, or
      other legal representatives are family members;
        (3) assurances that such system, and any State agency or
      nonprofit organization with which such system may enter into a
      contract under section 10804(a) of this title, will not, in the
      case of any individual who has a legal guardian, conservator, or
      representative other than the State, take actions which are
      duplicative of actions taken on behalf of such individual by such
      guardian, conservator, or representative unless such guardian,
      conservator, or representative requests the assistance of such
      system; and
        (4) such other information as the Secretary may by regulation
      prescribe.
    (b) Satisfaction of requirements regarding trained staff
      The assurance required under subsection (a)(2) of this section
    regarding trained staff may be satisfied through the provision of
    training by individuals who have received or are receiving mental
    health services and family members of such individuals.
    (c) Duration of applications and assurances
      Applications submitted under this section shall remain in effect
    for a 4-year period, and the assurances required under this section
    shall be for the same 4-year period.

-SOURCE-
    (Pub. L. 99-319, title I, Sec. 111, May 23, 1986, 100 Stat. 482;
    Pub. L. 100-509, Sec. 7(d), Oct. 20, 1988, 102 Stat. 2545; Pub. L.
    102-173, Secs. 7, 10(2), Nov. 27, 1991, 105 Stat. 1218, 1219; Pub.
    L. 102-321, title I, Sec. 163(c)(3)(A), July 10, 1992, 106 Stat.
    377.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (c). Pub. L. 102-321 substituted "4-year" for "3-
    year" in two places.
      1991 - Subsec. (a)(1). Pub. L. 102-173, Sec. 10(2), substituted
    "individuals with mental illness" for "mentally ill individuals".
      Subsec. (a)(2). Pub. L. 102-173, Secs. 7(1), 10(2), substituted
    "individuals with mental illness" for "mentally ill individuals"
    and inserted before semicolon at end "and to work with family
    members of clients served by the system where the individuals with
    mental illness are minors, legally competent and do not object, and
    legally incompetent and the legal guardians, conservators, or other
    legal representatives are family members".
      Subsecs. (b), (c). Pub. L. 102-173, Sec. 7(2), (3) added subsec.
    (b) and redesignated former subsec. (b) as (c).
      1988 - Pub. L. 100-509 designated existing provisions as subsec.
    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with
    provision for programs providing financial assistance, see section
    801(c), (d) of Pub. L. 102-321, set out as a note under section 236
    of this title.

-End-



-CITE-
    42 USC Sec. 10822                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part B - Administrative Provisions

-HEAD-
    Sec. 10822. Allotment formula and reallotments

-STATUTE-
      (a)(1)(A) Except as provided in paragraph (2) and subject to the
    availability of appropriations under section 10827 of this title,
    the Secretary shall make allotments under section 10803 of this
    title from amounts appropriated under section 10827 of this title
    for a fiscal year to eligible systems on the basis of a formula
    prescribed by the Secretary which is based equally - 
        (i) on the population of each State in which there is an
      eligible system; and
        (ii) on the population of each such State weighted by its
      relative per capita income.

      (B) For purposes of subparagraph (A)(ii), the term "relative per
    capita income" means the quotient of the per capita income of the
    United States and the per capita income of the State, except that
    if the State is Guam, American Samoa, the Commonwealth of the
    Northern Mariana Islands, the Marshall Islands, the Federated
    States of Micronesia, the Republic of Palau, or the Virgin Islands,
    the quotient shall be considered to be one.
      (2)(A) The minimum amount of the allotment of an eligible system
    shall be the product (rounded to the nearest $100) of the
    appropriate base amount determined under subparagraph (B) and the
    factor specified in subparagraph (C).
      (B) For purposes of subparagraph (A), the appropriate base amount
    - 
        (i) for American Samoa, Guam, the Marshall Islands, the
      Federated States of Micronesia, the Commonwealth of the Northern
      Mariana Islands, the Republic of Palau, and the Virgin Islands,
      is $139,300; and
        (ii) for any other State, is $260,000.

      (C) The factor specified in this subparagraph is the ratio of the
    amount appropriated under section 10827 of this title for the
    fiscal year for which the allotment is being made to the amount
    appropriated under such section for fiscal year 1995.
      (D) If the total amount appropriated for a fiscal year is at
    least $25,000,000, the Secretary shall make an allotment in
    accordance with subparagraph (A) to the eligible system serving the
    American Indian consortium.
      (b)(1) To the extent that all the amounts appropriated under
    section 10827 of this title for a fiscal year are not allotted to
    eligible systems because - 
        (A) one or more eligible systems have not submitted an
      application for an allotment for such fiscal year; or
        (B) one or more eligible systems have notified the Secretary
      that they do not intend to use the full amount of their
      allotment,

    the amount which is not so allotted shall be reallotted among the
    remaining eligible systems.
      (2) The amount of an allotment to an eligible system for a fiscal
    year which the Secretary determines will not be required by the
    system during the period for which it is available shall be
    available for reallotment by the Secretary to other eligible
    systems with respect to which such a determination has not been
    made.
      (3) The Secretary shall make reallotments under paragraphs (1)
    and (2) on such date or dates as the Secretary may fix (but not
    earlier than 30 days after the Secretary has published notice of
    the intention of the Secretary to make such reallotment in the
    Federal Register). A reallotment to an eligible system shall be
    made in proportion to the original allotment of such system for
    such fiscal year, but with such proportionate amount for such
    system being reduced to the extent it exceeds the sum the Secretary
    estimates such system needs and will be able to use during such
    period. The total of such reductions shall be similarly reallotted
    among eligible systems whose proportionate amounts were not so
    reduced. Any amount so reallotted to an eligible system for a
    fiscal year shall be deemed to be a part of its allotment under
    subsection (a) of this section for such fiscal year.

-SOURCE-
    (Pub. L. 99-319, title I, Sec. 112, May 23, 1986, 100 Stat. 483;
    Pub. L. 100-509, Sec. 7(e), Oct. 20, 1988, 102 Stat. 2545; Pub. L.
    106-310, div. B, title XXXII, Sec. 3206(d), (e), Oct. 17, 2000, 114
    Stat. 1194, 1195.)


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a)(1)(B). Pub. L. 106-310, Sec. 3206(e)(1),
    substituted "Marshall Islands, the Federated States of Micronesia,
    the Republic of Palau" for "Trust Territory of the Pacific
    Islands".
      Subsec. (a)(2). Pub. L. 106-310, Sec. 3206(d), amended par. (2)
    generally. Prior to amendment, par. (2) specified minimum amounts
    of allotments to eligible systems of each State, the District of
    Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa,
    the Commonwealth of the Northern Mariana Islands, the Trust
    Territory of the Pacific Islands, and the Virgin Islands based on
    whether the total amount appropriated in a fiscal year was at least
    $13,000,000 or less than $13,000,000.
      Subsec. (a)(3). Pub. L. 106-310, Sec. 3206(e)(2), struck out par.
    (3) which read as follows: "In any case in which the total amount
    appropriated under section 10827 of this title for a fiscal year
    exceeds the total amount appropriated under such section, as in
    effect on October 19, 1988, for the preceding fiscal year by a
    percentage greater than the most recent percentage change in the
    Consumer Price Index published by the Secretary of Labor under
    section 720(c)(1) of title 29, the Secretary shall increase each of
    the allotments under clauses (i)(II) and (ii)(II) of subparagraph
    (A) and clauses (i) and (ii) of subparagraph (B) of paragraph (2)
    by an amount which bears the same ratio to the amount of such
    minimum allotment (including any increases in such minimum
    allotment under this paragraph for prior fiscal years) as the
    amount which is equal to the difference between - 
        "(A) the total amount appropriated under section 10827 of this
      title for the fiscal year for which the increase in minimum
      allotment is made, minus;
        "(B) the total amount appropriated under section 10827 of this
      title for the immediately preceding fiscal year,
    bears to the total amount appropriated under section 10827 of this
    title for such preceding fiscal year."
      1988 - Subsec. (a)(2). Pub. L. 100-509, Sec. 7(e)(1), amended
    par. (2) generally. Prior to amendment, par. (2) read as follows:
    "Notwithstanding paragraph (1) and subject to the availability of
    appropriations under section 10827 of this title - 
        "(A) the amount of the allotment of the eligible system of each
      of the several States, the District of Columbia, and the
      Commonwealth of Puerto Rico shall not be less than $125,000; and
        "(B) the amount of the allotment of the eligible system of
      Guam, American Samoa, the Commonwealth of the Northern Mariana
      Islands, the Trust Territory of the Pacific Islands, and the
      Virgin Islands shall not be less than $67,000."
      Subsec. (a)(3). Pub. L. 100-509, Sec. 7(e)(2), added par. (3).

-End-



-CITE-
    42 USC Sec. 10823                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part B - Administrative Provisions

-HEAD-
    Sec. 10823. Payments under allotments

-STATUTE-
      For each fiscal year, the Secretary shall make payments to each
    eligible system from its allotment under this subchapter. Any
    amount paid to an eligible system for a fiscal year and remaining
    unobligated at the end of such year shall remain available to such
    system for the next fiscal year for the purposes for which it was
    made.

-SOURCE-
    (Pub. L. 99-319, title I, Sec. 113, May 23, 1986, 100 Stat. 484.)

-End-



-CITE-
    42 USC Sec. 10824                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part B - Administrative Provisions

-HEAD-
    Sec. 10824. Reports by Secretary

-STATUTE-
      (a) The Secretary shall include in each report required under
    section 15005 of this title a separate statement which contains - 
        (1) a description of the activities, accomplishments, and
      expenditures of systems to protect and advocate the rights of
      individuals with mental illness supported with payments from
      allotments under this subchapter, including - 
          (A) a specification of the total number of individuals with
        mental illness served by such systems;
          (B) a description of the types of activities undertaken by
        such systems;
          (C) a description of the types of facilities providing care
        or treatment with respect to which such activities are
        undertaken;
          (D) a description of the manner in which such activities are
        initiated; and
          (E) a description of the accomplishments resulting from such
        activities;

        (2) a description of - 
          (A) systems to protect and advocate the rights of individuals
        with mental illness supported with payments from allotments
        under this subchapter;
          (B) activities conducted by States to protect and advocate
        such rights;
          (C) mechanisms established by residential facilities for
        individuals with mental illness to protect and advocate such
        rights; and
          (D) the coordination among such systems, activities, and
        mechanisms;

        (3) a specification of the number of systems established with
      allotments under this subchapter and of whether each such system
      was established by a public or nonprofit private entity; and
        (4) recommendations for activities and services to improve the
      protection and advocacy of the rights of individuals with mental
      illness and a description of needs for such activities and
      services which have not been met by systems established under
      this subchapter.

      (b) In preparing each statement required by subsection (a) of
    this section, the Secretary shall use and include information
    submitted to the Secretary in the reports required under section
    10805(a)(7) of this title.

-SOURCE-
    (Pub. L. 99-319, title I, Sec. 114, May 23, 1986, 100 Stat. 484;
    Pub. L. 102-173, Sec. 10(2), Nov. 27, 1991, 105 Stat. 1219; Pub. L.
    106-402, title IV, Sec. 401(b)(13)(B), Oct. 30, 2000, 114 Stat.
    1739.)


-MISC1-
                                AMENDMENTS                            
      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 "individuals with
    mental illness" for "mentally ill individuals" wherever appearing.

-End-



-CITE-
    42 USC Sec. 10825                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part B - Administrative Provisions

-HEAD-
    Sec. 10825. Technical assistance

-STATUTE-
      The Secretary shall use not more than 2 percent 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 assistance.

-SOURCE-
    (Pub. L. 99-319, title I, Sec. 115, May 23, 1986, 100 Stat. 484;
    Pub. L. 100-509, Sec. 7(b)(2), Oct. 20, 1988, 102 Stat. 2545.)


-MISC1-
                                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 subchapter."

-End-



-CITE-
    42 USC Sec. 10826                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part B - Administrative Provisions

-HEAD-
    Sec. 10826. Administration

-STATUTE-
    (a) In general
      The Secretary shall carry out this subchapter through the
    Administrator of the Substance Abuse and Mental Health Services
    Administration.
    (b) Regulations
      Not later than 6 months after November 27, 1991, the Secretary
    shall promulgate final regulations to carry out this subchapter and
    subchapter III of this chapter.

-SOURCE-
    (Pub. L. 99-319, title I, Sec. 116, May 23, 1986, 100 Stat. 485;
    Pub. L. 102-173, Sec. 9, Nov. 27, 1991, 105 Stat. 1219; Pub. L. 102-
    321, title I, Sec. 163(c)(3)(B), July 10, 1992, 106 Stat. 377.)


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-321 substituted "the Substance
    Abuse and Mental Health Services Administration" 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).

                     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.

-End-



-CITE-
    42 USC Sec. 10827                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS
    Part B - Administrative Provisions

-HEAD-
    Sec. 10827. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated for allotments under this
    subchapter, $19,500,000 for fiscal year 1992, and such sums as may
    be necessary for each of the fiscal years 1993 through 2003.

-SOURCE-
    (Pub. L. 99-319, title I, Sec. 117, May 23, 1986, 100 Stat. 485;
    Pub. L. 100-509, Sec. 7(f), Oct. 20, 1988, 102 Stat. 2546; Pub. L.
    102-173, Sec. 8, Nov. 27, 1991, 105 Stat. 1219; Pub. L. 106-310,
    div. B, title XXXII, Sec. 3206(f), Oct. 17, 2000, 114 Stat. 1195.)


-MISC1-
                                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 appropriated $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 appropriated $10,000,000 for
    fiscal year 1986, $10,500,000 for fiscal year 1987, and $11,025,000
    for fiscal year 1988."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 8 of Pub. L. 100-509 provided 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 effective on the date of the enactment
    of this Act [Oct. 20, 1988].
      "(b) Authorization of Appropriations. - The amendment made by
    section 7(f) [amending this section] shall become effective on
    October 1, 1988."

-End-


-CITE-
    42 USC SUBCHAPTER II - RESTATEMENT OF BILL OF RIGHTS FOR
           MENTAL HEALTH PATIENTS                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER II - RESTATEMENT OF BILL OF RIGHTS FOR MENTAL HEALTH
                     PATIENTS                  

-HEAD-
      SUBCHAPTER II - RESTATEMENT OF BILL OF RIGHTS FOR MENTAL HEALTH
                                 PATIENTS

-End-



-CITE-
    42 USC Sec. 10841                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER II - RESTATEMENT OF BILL OF RIGHTS FOR MENTAL HEALTH
                     PATIENTS                  

-HEAD-
    Sec. 10841. Restatement of bill of rights

-STATUTE-
      It is the sense of the Congress that, as previously 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 facility 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 conditions that - 
            (i) are the most supportive of such person's personal
          liberty; and
            (ii) restrict such liberty only to the extent necessary
          consistent with such person's treatment needs, applicable
          requirements of law, and applicable judicial orders.

          (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 service needs, and the right to
        appropriate revision 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 capabilities, in the planning of
        mental health services to be provided such person (including
        the right to participate in the development and periodic
        revision of the plan described in subparagraph (B)), and, in
        connection with such participation, the right to be provided
        with a reasonable explanation, in terms and language
        appropriate to such person's condition and ability to
        understand, of - 
            (i) such person's general mental condition and, if such
          program or facility has provided a physical examination, such
          person's general physical condition;
            (ii) the objectives of treatment;
            (iii) the nature and significant possible adverse effects
          of recommended treatments;
            (iv) the reasons why a particular treatment is considered
          appropriate;
            (v) the reasons why access to certain visitors may not be
          appropriate; and
            (vi) any appropriate and available alternative 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 consent 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 experimentation in the
        absence of such person's informed, voluntary, written consent,
        the right to appropriate protections in connection with such
        participation, including the right to a reasonable explanation
        of the procedure to be followed, the benefits to be expected,
        the relative advantages of alternative treatments, and the
        potential discomforts and risks, and the right and opportunity
        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 contemporaneously by the written
        order of a responsible mental health professional.
          (G) The right to a humane treatment environment 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, except 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 person's health, except
          that such material may be made available to a similarly
          licensed 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 disclose the information
          contained in such material to such person.

          (J) The right, in the case of a person admitted 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
        treating such person determines that denial of access to a
        particular visitor is necessary for treatment purposes, such
        mental health professional may, for a specific, limited, and
        reasonable period of time, deny such access if such mental
        health professional has ordered such denial in writing and such
        order has been incorporated in the treatment plan for such
        person. An order denying such access should include the reasons
        for such denial.
          (K) The right to be informed promptly at the time of
        admission and periodically thereafter, in language and terms
        appropriate to such person's condition and ability to
        understand, of the rights described in this section.
          (L) The right to assert grievances with respect 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 opportunities 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 of this chapter
          to protect and advocate the rights of individuals with mental
          illness; and
            (iv) qualified advocate;

        for the purpose of receiving assistance to understand,
        exercise, and protect the rights described in this section and
        in other provisions of law.
          (N) The right to exercise the rights described in this
        section without reprisal, including 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 access to records as
      provided in subparagraphs (H) and (I) of paragraph (1) should
      remain applicable to records pertaining to a person after such
      person's discharge from a program or facility.
        (3)(A) No otherwise eligible person should be denied admission
      to a program or facility for mental health services as a reprisal
      for the exercise 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 judgment;
          (ii) prevent any program or facility from discharging any
        person for whom the provision 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
        refusal to consent to such treatment;
          (iii) require a program or facility to admit any person who,
        while admitted on prior occasions to such program or facility,
        has repeatedly frustrated the purposes of such admissions by
        withholding consent to proposed treatment; or
          (iv) obligate a program or facility to provide 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 protection of such person's rights,
      such person's attorney 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, treatment, and related services described in
        paragraph (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 understand, the
      rights described in this section of all persons admitted to such
      program or facility. 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 incompetent 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 representative for the
      purpose of exercising such right or such authorization.
        (B) In the case of a person who lacks capacity to exercise the
      right to consent to treatment or experimentation under
      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), because such person has not
      attained an age considered sufficiently advanced under State law
      to permit the exercise of such right or such authorization to be
      legally 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 program or facility for the purpose of
      receiving mental health services, no individual employed by or
      receiving any remuneration from such program or facility should
      act as such person's guardian or representative.

-SOURCE-
    (Pub. L. 99-319, title II, Sec. 201, May 23, 1986, 100 Stat. 485;
    Pub. L. 102-173, Sec. 10(2), Nov. 27, 1991, 105 Stat. 1219.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mental Health Systems Act, referred to in introductory text,
    is Pub. L. 96-398, Oct. 7, 1980, 94 Stat. 1564, as amended. Title V
    of the Mental Health Systems Act is classified generally to
    subchapter IV (Sec. 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.


-MISC1-
                                AMENDMENTS                            
      1991 - Par. (1)(M)(iii). Pub. L. 102-173 substituted "individuals
    with mental illness" for "mentally ill individuals".

-End-


-CITE-
    42 USC SUBCHAPTER III - CONSTRUCTION                        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER III - CONSTRUCTION

-HEAD-
                       SUBCHAPTER III - CONSTRUCTION                   

-End-



-CITE-
    42 USC Sec. 10851                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL
                   ILLNESS                       
    SUBCHAPTER III - CONSTRUCTION

-HEAD-
    Sec. 10851. Construction of subchapters I and II; "individual with
      mental illness" defined

-STATUTE-
      (a) Subchapters I and II of this chapter shall not be construed
    as establishing any new rights for individuals with mental illness.
      (b) For purposes of this section, the term "individual with
    mental illness" has the same meaning as in section 10802(3) (!1) of
    this title.


-SOURCE-
    (Pub. L. 99-319, title III, Sec. 301, May 23, 1986, 100 Stat. 489;
    Pub. L. 102-173, Sec. 10, Nov. 27, 1991, 105 Stat. 1219.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 10802(3) of this title, referred to in subsec. (b), was
    redesignated section 10802(4) of this title by Pub. L. 102-173,
    Sec. 4(1), Nov. 27, 1991, 105 Stat. 1217.


-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-173, substituted "individuals with mental
    illness" for "mentally ill individuals" in subsec. (a) and
    "individual with mental illness" for "mentally ill individual" in
    subsec. (b).

-FOOTNOTE-
    (!1) See References in Text note below.


-End-