Page:United States Statutes at Large Volume 114 Part 2.djvu/318

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114 STAT. 1200 PUBLIC LAW 106-310—OCT. 17, 2000 42 USC 290bl>- 37. promulgation of the regulations referred to in the matter preceding paragraph (1); and "(3) support the development of national guidelines and standards on the quality, quantity, orientation and training, required under this part, as well as the certification or licensure of those staff responsible for the implementation of behavioral intervention concepts and techniques. "(b) REQUIREMENTS. —The regulations promulgated under subsection (a) shall require— "(1) that facilities described in subsection (a) ensure that there is an adequate number of qualified professional and supportive staff to evaluate residents, formulate written individualized, comprehensive treatment plans, and to provide active treatment measures; "(2) the provision of appropriate training and certification of the staff of such facilities in the prevention and use of physical restraint and seclusion, including the needs and behaviors of the population served, relationship building, alternatives to restraint, de-escalation methods, avoiding power struggles, thresholds for restraints, the physiological impact of restraint and seclusion, monitoring physical signs of distress and obtaining medical assistance, legal issues, position asphyxia, escape and evasion techniques, time limits for the use of restraint and seclusion, the process for obtaining approval for continued restraints and seclusion, procedures to address problematic restraints, documentation, processing with children, and follow-up with staff, and investigation of injuries and complaints; and "(3) that such facilities provide complete and accurate notification of deaths, as required under section 595A(1). "(c) ENFORCEMENT. —^A State to which this part applies that fails to comply with any requirement of this part, including a failure to provide appropriate training and certification, shall not be eligible for participation in any program supported in whole or in part by funds appropriated under this Act.". SEC. 3209. EMERGENCY MENTAL HEALTH CENTERS. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.), as amended by section 3111, is further amended by adding at the end the following: "SEC. 520F. GRANTS FOR EMERGENCY MENTAL HEALTH CENTERS. "(a) PROGRAM AUTHORIZED. — The Secretary shall award grants to States, political subdivisions of States, Indian tribes, and tribal organizations to support the designation of hospitals and health centers as Emergency Mental Health Centers. "(b) HEALTH CENTER. — In this section, the term 'health center' has the meaning given such term in section 330, and includes community health centers and community mental health centers. "(c) DISTRIBUTION OF AWARDS.— The Secretary shall ensure that such grants awarded under subsection (a) are equitably distributed among the geographical regions of the United States, between urban and rural populations, and between different settings of care including health centers, mental health centers, hospitals, and other psychiatric units or facilities. "(d) APPLICATION. —^A State, political subdivision of a State, Indian tribe, or tribal organization that desires a grant under subsection (a) shall submit an application to the Secretary at such