-CITE-

42 USC CHAPTER 102 - MENTAL HEALTH SYSTEMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

-HEAD-

CHAPTER 102 - MENTAL HEALTH SYSTEMS

-MISC1-

Sec.

9401. Congressional statement of findings.

SUBCHAPTER I - GENERAL PROVISIONS

9411. Repealed.

9412. Definitions.

9421 to 9423. Repealed.

SUBCHAPTER II - GRANT PROGRAMS

9431 to 9438. Repealed.

SUBCHAPTER III - GENERAL PROVISIONS RESPECTING GRANT PROGRAMS

PART A - STATE MENTAL HEALTH SERVICE PROGRAMS

9451, 9452. Repealed.

PART B - APPLICATIONS AND RELATED PROVISIONS

9461 to 9465. Repealed.

PART C - PERFORMANCE

9471 to 9473. Repealed.

PART D - ENFORCEMENT

9481. Repealed.

PART E - MISCELLANEOUS

9491 to 9493. Repealed.

SUBCHAPTER IV - MENTAL HEALTH RIGHTS AND ADVOCACY

9501. Bill of Rights.

9502. Repealed.

SUBCHAPTER V - SEX OFFENSE PREVENTION AND CONTROL

9511. Grants for sex offense prevention and control.

(a) Authority of National Center for the Prevention

and Control of Sex Offenses; functions.

(b) Advisory committee; functions, membership, etc.

(c) Submission and approval of application; form,

manner and contents.

(d) Authorization of appropriations.

(e) "Sex offense" defined.

9512. Repealed.

SUBCHAPTER VI - MISCELLANEOUS

9521. Repealed.

9522. Report on shelter and basic living needs of

chronically mentally ill individuals.

(a) Submission to Congressional committees by

Secretaries of Health and Human Services and

Housing and Urban Development.

(b) Contents.

(c) Submission date.

9523. Repealed.

-End-

-CITE-

42 USC Sec. 9401 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

-HEAD-

Sec. 9401. Congressional statement of findings

-STATUTE-

The Congress finds -

(1) despite the significant progress that has been made in

making community mental health services available and in

improving residential mental health facilities since the original

community mental health centers legislation was enacted in 1963,

unserved and underserved populations remain and there are certain

groups in the population, such as chronically mentally ill

individuals, children and youth, elderly individuals, racial and

ethnic minorities, women, poor persons, and persons in rural

areas, which often lack access to adequate private and public

mental health services and support services;

(2) the process of transferring or diverting chronically

mentally ill individuals from unwarranted or inappropriate

institutionalized settings to their home communities has

frequently not been accompanied by a process of providing those

individuals with the mental health and support services they need

in community-based settings;

(3) the shift in emphasis from institutional care to

community-based care has not always been accompanied by a process

of affording training, retraining, and job placement for

employees affected by institutional closure and conversion;

(4) the delivery of mental health and support services is

typically uncoordinated within and among local, State, and

Federal entities;

(5) mentally ill persons are often inadequately served by (A)

programs of the Department of Health and Human Services such as

medicare, medicaid, supplemental security income, and social

services, and (B) programs of the Department of Housing and Urban

Development, the Department of Labor, and other Federal agencies;

(6) health care systems often lack general health care

personnel with adequate mental health care training and often

lack mental health care personnel and consequently many

individuals with some level of mental disorder do not receive

appropriate mental health care;

(7) present knowledge of methods to prevent mental illness

through discovery and elimination of its causes and through early

detection and treatment is too limited;

(8) a comprehensive and coordinated array of appropriate

private and public mental health and support services for all

people in need within specific geographic areas, based upon a

cooperative local-State-Federal partnership, remains the most

effective and humane way to provide a majority of mentally ill

individuals with mental health care and needed support; and

(9) because of the rising demand for mental health services and

the wide disparity in the distribution of psychiatrists, clinical

psychologists, social workers, and psychiatric nurses, there is a

shortage in the medical specialty of psychiatry and there are

also shortages among the other health personnel who provide

mental health services.

-SOURCE-

(Pub. L. 96-398, Sec. 2, Oct. 7, 1980, 94 Stat. 1565.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 96-398 provided that: "This Act [enacting

this chapter, amending sections 210, 225a, 229b, 242a, 246, 289k-1,

300l-2, 300m-2, 1396b, 2689a to 2689c, 2689e, 2689g, and 2689h of

this title, repealing section 2689q of this title, and enacting

provisions set out as notes under section 242a, 246, 289k-1, and

2689b of this title] may be cited as the 'Mental Health Systems

Act'."

-End-

-CITE-

42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35, title IX, Sec. 902(e)(1), (f)(1)(A), Aug.

13, 1981, 95 Stat. 560, struck out heading "Part A - Definitions"

before section 9411 and heading "Part B - State Administrative

Responsibilities" before section 9421.

-End-

-CITE-

42 USC Sec. 9411 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 9411. Repealed. Pub. L. 97-35, title IX, Sec. 902(e)(1), Aug.

13, 1981, 95 Stat. 560

-MISC1-

Section, Pub. L. 96-398, title I, Sec. 101, Oct. 7, 1980, 94

Stat. 1566, set forth general provisions respecting community

mental health centers.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 238l of this title.

-End-

-CITE-

42 USC Sec. 9412 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 9412. Definitions

-STATUTE-

For purposes of this chapter:

(1) The term "Secretary" means the Secretary of Health and

Human Services.

(2) The term "State" includes (in addition to the fifty States)

the District of Columbia, the Commonwealth of Puerto Rico, the

Virgin Islands, Guam, American Samoa, the Trust Territory of the

Pacific Islands, and the Northern Mariana Islands.

(3) The term "nonprofit", as applied to any entity, means an

entity which is owned and operated by one or more corporations or

associations no part of the net earnings of which inures or may

lawfully inure to the benefit of any private shareholder or

person.

-SOURCE-

(Pub. L. 96-398, title I, Sec. 102, Oct. 7, 1980, 94 Stat. 1569;

Pub. L. 97-35, title IX, Sec. 902(f)(1)(B), (C), Aug. 13, 1981, 95

Stat. 560.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 96-398, Oct. 7, 1980, 94 Stat. 1564, as

amended, known as the Mental Health Systems Act, which enacted this

chapter, amended sections 210, 225a, 229b, 242a, 246, 289k-1,

300l-2, 300m-2, 1396b, 2689a to 2689c, 2689e, 2689g, and 2689h of

this title, repealed section 2689q of this title, and enacted

provisions set out as notes under sections 242a, 246, 289k-1, and

2689b 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

1981 - Pub. L. 97-35 redesignated former par. (5) as (3). Former

pars. (3), (4), (6), and (7), which defined "State mental health

authority", "mental health service area", "priority population

group", and "Governor", respectively, were struck out.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

902(h) of Pub. L. 97-35, set out as a note under section 238l of

this title.

-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.

-End-

-CITE-

42 USC Secs. 9421 to 9423 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Secs. 9421 to 9423. Repealed. Pub. L. 97-35, title IX, Sec.

902(e)(1), Aug. 13, 1981, 95 Stat. 560

-MISC1-

Section 9421, Pub. L. 96-398, title I, Sec. 105, Oct. 7, 1980, 94

Stat. 1570, related to designation of State agency for mental

health programs.

Section 9422, Pub. L. 96-398, title I, Sec. 106, Oct. 7, 1980, 94

Stat. 1570, related to establishment, etc., of State mental health

service areas.

Section 9423, Pub. L. 96-398, title I, Sec. 107(a)-(c), Oct. 7,

1980, 94 Stat. 1570, related to allotments to improve State

administration of mental health programs.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 238l of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - GRANT PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER II - GRANT PROGRAMS

-HEAD-

SUBCHAPTER II - GRANT PROGRAMS

-End-

-CITE-

42 USC Secs. 9431 to 9438 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER II - GRANT PROGRAMS

-HEAD-

Secs. 9431 to 9438. Repealed. Pub. L. 97-35, title IX, Sec.

902(e)(1), Aug. 13, 1981, 95 Stat. 560

-MISC1-

Section 9431, Pub. L. 96-398, title II, Sec. 201, Oct. 7, 1980,

94 Stat. 1571, set forth authority, etc., for grants for community

mental health centers.

Section 9432, Pub. L. 96-398, title II, Sec. 202, Oct. 7, 1980,

94 Stat. 1573, set forth authority, etc., for grants for services

for chronically, mentally ill individuals.

Section 9433, Pub. L. 96-398, title II, Sec. 203, Oct. 7, 1980,

94 Stat. 1575, set forth authority, etc., for grants for services

for severely, mentally disturbed children and adults.

Section 9434, Pub. L. 96-398, title II, Sec. 204, Oct. 7, 1980,

94 Stat. 1577, set forth authority, etc., for grants for mental

health services for elderly individuals and other priority

populations.

Section 9435, Pub. L. 96-398, title II, Sec. 205, Oct. 7, 1980,

94 Stat. 1581, set forth authority, etc., for grants for

non-revenue producing services.

Section 9436, Pub. L. 96-398, title II, Sec. 206, Oct. 7, 1980,

94 Stat. 1582, set forth authority, etc., for grants for mental

health services in health care centers.

Section 9437, Pub. L. 96-398, title II, Sec. 207, Oct. 7, 1980,

94 Stat. 1583, set forth authority, etc., for grants and contracts

for innovative projects.

Section 9438, Pub. L. 96-398, title II, Sec. 208, Oct. 7, 1980,

94 Stat. 1584, set forth authority, etc., for grants for prevention

of mental illness and promotion of mental health.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 238l of this title.

-End-

-CITE-

42 USC SUBCHAPTER III - GENERAL PROVISIONS RESPECTING

GRANT PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER III - GENERAL PROVISIONS RESPECTING GRANT PROGRAMS

-HEAD-

SUBCHAPTER III - GENERAL PROVISIONS RESPECTING GRANT PROGRAMS

-End-

-CITE-

42 USC Part A - State Mental Health Service Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER III - GENERAL PROVISIONS RESPECTING GRANT PROGRAMS

Part A - State Mental Health Service Programs

-HEAD-

PART A - STATE MENTAL HEALTH SERVICE PROGRAMS

-End-

-CITE-

42 USC Secs. 9451, 9452 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER III - GENERAL PROVISIONS RESPECTING GRANT PROGRAMS

Part A - State Mental Health Service Programs

-HEAD-

Secs. 9451, 9452. Repealed. Pub. L. 97-35, title IX, Sec.

902(e)(1), Aug. 13, 1981, 95 Stat. 560

-MISC1-

Section 9451, Pub. L. 96-398, title III, Sec. 301, Oct. 7, 1980,

94 Stat. 1585, set forth requirements for State mental health

services programs.

Section 9452, Pub. L. 96-398, title III, Sec. 302, Oct. 7, 1980,

94 Stat. 1585, related to contents of programs with respect to

administrative and service parts.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 238l of this title.

-End-

-CITE-

42 USC Part B - Applications and Related Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER III - GENERAL PROVISIONS RESPECTING GRANT PROGRAMS

Part B - Applications and Related Provisions

-HEAD-

PART B - APPLICATIONS AND RELATED PROVISIONS

-End-

-CITE-

42 USC Secs. 9461 to 9465 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER III - GENERAL PROVISIONS RESPECTING GRANT PROGRAMS

Part B - Applications and Related Provisions

-HEAD-

Secs. 9461 to 9465. Repealed. Pub. L. 97-35, title IX, Sec.

902(e)(1), Aug. 13, 1981, 95 Stat. 560

-MISC1-

Section 9461, Pub. L. 96-398, title III, Sec. 305, Oct. 7, 1980,

94 Stat. 1588, set forth provisions respecting State administration

of programs, and authorized agreements, etc., for implementation.

Section 9462, Pub. L. 96-398, title III, Sec. 306, Oct. 7, 1980,

94 Stat. 1590, related to processing of applications by State

mental health authorities.

Section 9463, Pub. L. 96-398, title III, Sec. 307, Oct. 7, 1980,

94 Stat. 1592, set forth provisions relating to requirements for

applications.

Section 9464, Pub. L. 96-398, title III, Sec. 308, Oct. 7, 1980,

94 Stat. 1594, related to Indian tribes and organizations.

Section 9465, Pub. L. 96-398, title III, Sec. 309, Oct. 7, 1980,

94 Stat. 1595, related to procedures for consideration of grant or

contract application.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 238l of this title.

-End-

-CITE-

42 USC Part C - Performance 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER III - GENERAL PROVISIONS RESPECTING GRANT PROGRAMS

Part C - Performance

-HEAD-

PART C - PERFORMANCE

-End-

-CITE-

42 USC Secs. 9471 to 9473 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER III - GENERAL PROVISIONS RESPECTING GRANT PROGRAMS

Part C - Performance

-HEAD-

Secs. 9471 to 9473. Repealed. Pub. L. 97-35, title IX, Sec.

902(e)(1), Aug. 13, 1981, 95 Stat. 560

-MISC1-

Section 9471, Pub. L. 96-398, title III, Sec. 315, Oct. 7, 1980,

94 Stat. 1595, related to performance contracts.

Section 9472, Pub. L. 96-398, title III, Sec. 316, Oct. 7, 1980,

94 Stat. 1595, related to performance standards.

Section 9473, Pub. L. 96-398, title III, Sec. 317, Oct. 7, 1980,

94 Stat. 1595, related to evaluation and monitoring of projects and

activities.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 238l of this title.

-End-

-CITE-

42 USC Part D - Enforcement 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER III - GENERAL PROVISIONS RESPECTING GRANT PROGRAMS

Part D - Enforcement

-HEAD-

PART D - ENFORCEMENT

-End-

-CITE-

42 USC Sec. 9481 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER III - GENERAL PROVISIONS RESPECTING GRANT PROGRAMS

Part D - Enforcement

-HEAD-

Sec. 9481. Repealed. Pub. L. 97-35, title IX, Sec. 902(e)(1), Aug.

13, 1981, 95 Stat. 560

-MISC1-

Section, Pub. L. 96-398, title III, Sec. 321, Oct. 7, 1980, 94

Stat. 1596, set forth enforcement procedures.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 238l of this title.

-End-

-CITE-

42 USC Part E - Miscellaneous 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER III - GENERAL PROVISIONS RESPECTING GRANT PROGRAMS

Part E - Miscellaneous

-HEAD-

PART E - MISCELLANEOUS

-End-

-CITE-

42 USC Secs. 9491 to 9493 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER III - GENERAL PROVISIONS RESPECTING GRANT PROGRAMS

Part E - Miscellaneous

-HEAD-

Secs. 9491 to 9493. Repealed. Pub. L. 97-35, title IX, Sec.

902(e)(1), Aug. 13, 1981, 95 Stat. 560

-MISC1-

Section 9491, Pub. L. 96-398, title III, Sec. 326, Oct. 7, 1980,

94 Stat. 1597, related to provision of technical assistance.

Section 9492, Pub. L. 96-398, title III, Sec. 327, Oct. 7, 1980,

94 Stat. 1597, related to indirect provision of services.

Section 9493, Pub. L. 96-398, title III, Sec. 328, Oct. 7, 1980,

94 Stat. 1597, related to cooperative agreements.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 238l of this title.

-End-

-CITE-

42 USC SUBCHAPTER IV - MENTAL HEALTH RIGHTS AND ADVOCACY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER IV - MENTAL HEALTH RIGHTS AND ADVOCACY

-HEAD-

SUBCHAPTER IV - MENTAL HEALTH RIGHTS AND ADVOCACY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 10841 of this title.

-End-

-CITE-

42 USC Sec. 9501 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER IV - MENTAL HEALTH RIGHTS AND ADVOCACY

-HEAD-

Sec. 9501. Bill of Rights

-STATUTE-

It is the sense of the Congress that each State should review and

revise, if necessary, its laws to ensure that mental health

patients receive the protection and services they require; and in

making such review and revision 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; and

(iii) 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. 96-398, title V, Sec. 501, Oct. 7, 1980, 94 Stat. 1598.)

-End-

-CITE-

42 USC Sec. 9502 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER IV - MENTAL HEALTH RIGHTS AND ADVOCACY

-HEAD-

Sec. 9502. Repealed. Pub. L. 97-35, title IX, Sec. 902(e)(1), Aug.

13, 1981, 95 Stat. 560

-MISC1-

Section, Pub. L. 96-398, title V, Sec. 502, Oct. 7, 1980, 94

Stat. 1601, related to grants for protection and advocacy programs.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 238l of this title.

-End-

-CITE-

42 USC SUBCHAPTER V - SEX OFFENSE PREVENTION AND CONTROL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER V - SEX OFFENSE PREVENTION AND CONTROL

-HEAD-

SUBCHAPTER V - SEX OFFENSE PREVENTION AND CONTROL

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 238d of this title.

-End-

-CITE-

42 USC Sec. 9511 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER V - SEX OFFENSE PREVENTION AND CONTROL

-HEAD-

Sec. 9511. Grants for sex offense prevention and control

-STATUTE-

(a) Authority of National Center for the Prevention and Control of

Sex Offenses; functions

The Secretary, acting through the National Center for the

Prevention and Control of Sex Offenses (hereafter in this section

referred to as the "Center"), may, directly or by grant, carry out

the following:

(1) A continuing study of sex offenses, including a study and

investigation of -

(A) the effectiveness of existing Federal, State, and local

laws dealing with sex offenses;

(B) the relationship, if any, between traditional legal and

social attitudes toward sexual roles, sex offenses, and the

formulation of laws dealing with rape;

(C) the treatment of the victims of sex offenses by law

enforcement agencies, hospitals or other medical institutions,

prosecutors, and the courts;

(D) the causes of sex offenses, identifying to the degree

possible -

(i) social conditions which encourage sexual attacks, and

(ii) the motives of offenders, and

(E) the impact of a sex offense on the victim and family of

the victim;

(F) sexual assaults in correctional institutions;

(G) the estimated actual incidence of forcible sex offenses

as compared to the reported incidence of forcible sex offenses

and the reasons for any difference between the two; and

(H) the effectiveness of existing private and local and State

government educational, counseling, and other programs designed

to prevent and control sex offenses.

(2) The compilation, analysis, and publication of summaries of

the continuing study conducted under paragraph (1) and the

research and demonstration projects conducted under paragraph

(5). The Secretary shall submit not later than March 30, 1983, to

the Congress a summary of such study and projects together with a

review of their effectiveness and recommendations where

appropriate.

(3) The development and maintenance of an information

clearinghouse with regard to -

(A) the prevention and control of sex offenses;

(B) the treatment and counseling of the victims of sex

offenses and their families; and

(C) the rehabilitation of offenders.

(4) The compilation and publication of training materials for

personnel who are engaged or intend to engage in programs

designed to prevent and control sex offense.

(5) Assistance to qualified public and nonprofit private

entities in conducting research and demonstration projects

concerning the prevention and control of sex offense, including

projects (A) for the planning, development, implementation, and

evaluation of alternative methods used in the prevention and

control of sex offense, the treatment and counseling of the

victims of sex offense and their families, and the rehabilitation

of offenders; (B) for the application of such alternative

methods; and (C) for the promotion of community awareness of the

specific locations in which, and the specific social and other

conditions under which sexual attacks are most likely to occur.

(b) Advisory committee; functions, membership, etc.

The Secretary shall appoint an advisory committee to advise,

consult with, and make recommendations to the Secretary on the

implementation of subsection (a) of this section. The

recommendations of the committee shall be submitted directly to the

Secretary without review or revision by any person without the

consent of the committee. The Secretary shall appoint to such

committee persons who are particularly qualified to assist in

carrying out the functions of the committee. A majority of the

members of the committee shall be women. Members of the advisory

committee shall receive compensation at rates, not to exceed the

daily equivalent of the annual rate in effect for grade GS-18 of

the General Schedule, for each day (including traveltime) they are

engaged in the performance of their duties as members of the

advisory committee and, while so serving away from their homes or

regular places of business, each member shall be allowed travel

expenses, including per diem in lieu of subsistence, in the same

manner as authorized by section 5703 of title 5 for persons in

Government service employed intermittently.

(c) Submission and approval of application; form, manner and

contents

No grant may be made under subsection (a) of this section unless

an application therefor is submitted to and approved by the

Secretary. The application shall be submitted in such form and

manner and contain such information as the Secretary may prescribe.

(d) Authorization of appropriations

For the purpose of carrying out subsection (a) of this section,

there are authorized to be appropriated $6,000,000 for the fiscal

year ending September 30, 1981, $1,500,000 for the fiscal year

ending September 30, 1982, $1,500,000 for the fiscal year ending

September 30, 1983.

(e) "Sex offense" defined

For purposes of subsection (a) of this section, the term "sex

offense" includes statutory and attempted rape and any other

criminal sexual assault (whether homosexual or heterosexual) which

involves force or the threat of force.

-SOURCE-

(Pub. L. 96-398, title VI, Sec. 601(a)-(e), Oct. 7, 1980, 94 Stat.

1602, 1603; Pub. L. 97-35, title IX, Sec. 902(f)(20), Aug. 13,

1981, 95 Stat. 560; Pub. L. 99-646, Sec. 87(d)(3)-(7), Nov. 10,

1986, 100 Stat. 3624; Pub. L. 99-654, Sec. 3(b)(3)-(7), Nov. 14,

1986, 100 Stat. 3663, 3664.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-646, Sec. 87(d)(3), and Pub. L. 99-654, Sec.

3(b)(3), amended section catchline identically, substituting "sex

offense" for "rape".

Subsec. (a). Pub. L. 99-646, Sec. 87(d)(4)-(6), and Pub. L.

99-654, Sec. 3(b)(4)-(6), in amending subsec. (a) identically, in

introductory provision substituted "Sex Offenses" for "Rape", in

par. (1) and in subpars. (A), (C), (D), (G), and (H) of par. (1)

substituted "sex offenses" for "rape" wherever appearing, in par.

(1)(B) substituted "sex offenses" for "the act of rape", in par.

(1)(E) substituted "a sex offense" for "rape", and in par. (3)(A)

and (B) substituted "sex offenses" for "rape".

Subsec. (e). Pub. L. 99-646, Sec. 87(d)(7), and Pub. L. 99-654,

Sec. 3(b)(7), amended subsec. (e) identically, substituting "the

term 'sex offense' " for "the term 'rape' ".

1981 - Subsec. (a). Pub. L. 97-35 in par. (5) struck out

"community mental health centers and other" after "Assistance to",

and struck out par. (6) which related to provision of consultation

and education services.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective

respectively 30 days after Nov. 10, 1986, and 30 days after Nov.

14, 1986, see section 87(e) of Pub. L. 99-646 and section 4 of Pub.

L. 99-654, set out as an Effective Date note under section 2241 of

Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

902(h) of Pub. L. 97-35, set out as a note under section 238l of

this title.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

42 USC Sec. 9512 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER V - SEX OFFENSE PREVENTION AND CONTROL

-HEAD-

Sec. 9512. Repealed. Pub. L. 97-35, title IX, Sec. 902(e)(1), Aug.

13, 1981, 95 Stat. 560

-MISC1-

Section, Pub. L. 96-398, title VI, Sec. 602, Oct. 7, 1980, 94

Stat. 1604, related to grants for services for rape victims.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 238l of this title.

-End-

-CITE-

42 USC SUBCHAPTER VI - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER VI - MISCELLANEOUS

-HEAD-

SUBCHAPTER VI - MISCELLANEOUS

-End-

-CITE-

42 USC Sec. 9521 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER VI - MISCELLANEOUS

-HEAD-

Sec. 9521. Repealed. Pub. L. 97-35, title IX, Sec. 902(e)(1), Aug.

13, 1981, 95 Stat. 560

-MISC1-

Section, Pub. L. 96-398, title VIII, Sec. 801, Oct. 7, 1980, 94

Stat. 1605, related to employee protection arrangements.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 238l of this title.

-End-

-CITE-

42 USC Sec. 9522 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER VI - MISCELLANEOUS

-HEAD-

Sec. 9522. Report on shelter and basic living needs of chronically

mentally ill individuals

-STATUTE-

(a) Submission to Congressional committees by Secretaries of Health

and Human Services and Housing and Urban Development

The Secretary of Health and Human Services and the Secretary of

Housing and Urban Development shall jointly submit a report to the

Committees on Labor and Human Resources and Banking, Housing, and

Urban Affairs of the Senate, and the Committees on Energy and

Commerce and Banking, Finance, and Urban Affairs of the House of

Representatives, relating to Federal efforts to respond to the

shelter and basic living needs of chronically mentally ill

individuals.

(b) Contents

The report required by subsection (a) of this section shall

include -

(1) an analysis of the extent to which chronically mentally ill

individuals remain inappropriately housed in institutional

facilities or have otherwise inadequate or inappropriate housing

arrangements;

(2) an analysis of available permanent noninstitutional housing

arrangements for the chronically mentally ill;

(3) an evaluation of ongoing permanent and demonstration

programs, funded in whole or in part by Federal funds, which are

designed to provide noninstitutional shelter and basic living

services for the chronically mentally ill, including -

(A) a description of each program;

(B) the total number of individuals estimated to be eligible

to participate in each program, the number of individuals

served by each program, and an estimate of the total population

each program expects to serve; and

(C) an assessment of the effectiveness of each program in the

provision of shelter and basic living services;

(4) recommendations of measures to encourage States to

coordinate and link the provisions in State health plans which

relate to mental health and, in particular, the shelter and basic

living needs of chronically mentally ill individuals, with local

and State housing plans;

(5) recommendations for Federal legislation relating to the

provision of permanent residential noninstitutional housing

arrangements and basic living services for chronically mentally

ill individuals, including an estimate of the cost of such

recommendations; and

(6) any other recommendations for Federal initiatives which, in

the judgment of the Secretary of Health and Human Services and

the Secretary of Housing and Urban Development, will lead to

improved shelter and basic living services for chronically

mentally ill individuals.

(c) Submission date

The report required by subsection (a) of this section shall be

submitted to the committees referred to in subsection (a) of this

section no later than January 1, 1981.

-SOURCE-

(Pub. L. 96-398, title VIII, Sec. 802, Oct. 7, 1980, 94 Stat. 1606;

H. Res. 549, Mar. 25, 1980.)

-CHANGE-

CHANGE OF NAME

Committee on Interstate and Foreign Commerce of the House of

Representatives changed to Committee on Energy and Commerce

immediately prior to noon on Jan. 3, 1981, by House Resolution No.

549, Ninety-sixth Congress, Mar. 25, 1980. Committee on Energy and

Commerce of House of Representatives treated as referring to

Committee on Commerce of House of Representatives by section 1(a)

of Pub. L. 104-14, set out as a note preceding section 21 of Title

2, The Congress. Committee on Commerce of House of Representatives

changed to Committee on Energy and Commerce of House of

Representatives, and jurisdiction over matters relating to

securities and exchanges and insurance generally transferred to

Committee on Financial Services of House of Representatives by

House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Committee on Banking, Finance and Urban Affairs of House of

Representatives treated as referring to Committee on Banking and

Financial Services of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2.

Committee on Banking and Financial Services of House of

Representatives abolished and replaced by Committee on Financial

Services of House of Representatives, and jurisdiction over matters

relating to securities and exchanges and insurance generally

transferred from Committee on Energy and Commerce of House of

Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-End-

-CITE-

42 USC Sec. 9523 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 102 - MENTAL HEALTH SYSTEMS

SUBCHAPTER VI - MISCELLANEOUS

-HEAD-

Sec. 9523. Repealed. Pub. L. 97-35, title IX, Sec. 902(e)(1), Aug.

13, 1981, 95 Stat. 560

-MISC1-

Section, Pub. L. 96-398, title VIII, Sec. 806, Oct. 7, 1980, 94

Stat. 1609, related to contracting authority.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L.

97-35, set out as an Effective Date of 1981 Amendment note under

section 238l of this title.

-End-