US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 290ii–2

Regulations and enforcement

(a)

Training

1

1 See References in Text note below.
42 U.S.C. 10801Not later than 1 year after , 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  ( 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)
section 290ii–1(a) of this title such facilities provide complete and accurate notification of deaths, as required under .
(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. 373Pub. L. 106–310, div. B, title XXXII, § 3207114 Stat. 1196(, title V, § 593, as added , , .)

Editorial Notes

References in Text

Pub. L. 99–319100 Stat. 478Pub. L. 99–319Pub. L. 106–310, div. B, title XXXII, § 3206(a)114 Stat. 1193section 10801 of this titleThe Protection and Advocacy for Mentally Ill Individuals Act of 1986, referred to in subsec. (a), was , , . was renamed the Protection and Advocacy for Individuals with Mental Illness Act by , , , 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 and Tables.