
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 3206(b)]
[Document affected by Public Law 106-402 Section 401(b)(13)(A)]
[CITE: 42USC10802]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 114--PROTECTION AND ADVOCACY FOR MENTALLY ILL INDIVIDUALS
 
              SUBCHAPTER I--PROTECTION AND ADVOCACY SYSTEMS
 
                    Part A--Establishment of Systems
 
Sec. 10802. Definitions

    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--
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    \1\ So in original. Probably should be ``an''.
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            (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 part C of the Developmental 
    Disabilities Assistance and Bill of Rights Act [42 U.S.C. 6041 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 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) 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\
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    \2\ So in original.
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            (iii) who is involuntarily confined in a municipal detention 
        facility for reasons other than serving a sentence resulting 
        from conviction for a criminal offense.

        (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.

(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.)

                       References in Text

    The Developmental Disabilities Assistance and Bill of Rights Act, 
referred to in par. (2), 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. Part C of 
the Developmental Disabilities Assistance and Bill of Rights Act is 
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 
Short Title note set out under section 6000 of this title and Tables.


                               Amendments

    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''.

          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.

                  Section Referred to in Other Sections

    This section is referred to in section 10851 of this title; title 29 
section 794e.
