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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 290ii2 Regulations and enforcement us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 290ii2 42 U.S.C. § 290ii2 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s290ii2 data/legal/raw/us/code/title-42/usc42.xml 9e7692e03512ae3c069316ad7567bb24914f3afe45f6478acf0846ce32624428 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e aa832a8e8a991e84a6e44dfea47a8898ec05bfa2c990c1a02d2f2c8482c0a35c 2026-07-04 official
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42 U.S.C. § 290ii2 - Regulations and enforcement

Text

(a) Training Not later than 1 year after October 17, 2000, the Secretary, after consultation with appropriate State and local protection and advocacy organizations, physicians, facilities, and other health care professionals and patients, shall promulgate regulations that require facilities to which the Protection and Advocacy for Mentally Ill Individuals Act of 1986 11 See References in Text note below. (42 U.S.C. 10801 et seq.) applies, to meet the requirements of subsection (b).

(b) Requirements The regulations promulgated under subsection (a) shall require that—

(1) facilities described in subsection (a) ensure that there is an adequate number of qualified professional and supportive staff to evaluate patients, formulate written individualized, 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 accurate notification of deaths, as required under section 290ii1(a) of this title.

(c) Enforcement A facility to which this part applies that fails to comply with any requirement of this part, including a failure to provide appropriate training, 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. 106310, div. B, title XXXII, § 3207, Oct. 17, 2000, 114 Stat. 1196.)

Notes

Editorial Notes

References in TextThe Protection and Advocacy for Mentally Ill Individuals Act of 1986, referred to in subsec. (a), was Pub. L. 99319, May 23, 1986, 100 Stat. 478. Pub. L. 99319 was renamed the Protection and Advocacy for Individuals with Mental Illness Act by Pub. L. 106310, div. B, title XXXII, § 3206(a), Oct. 17, 2000, 114 Stat. 1193, and is classified 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.