Page:United States Statutes at Large Volume 114 Part 2.djvu/313

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PUBLIC LAW 106-310—OCT. 17, 2000 114 STAT. 1195 "(D) If the total amount appropriated for a fiscal year is at least $25,000,000, the Secretary shall make an allotment in accordance with subparagraph (A) to the eligible system serving the American Indian consortium.". (e) TECHNICAL AMENDMENTS.— Section 112(a) of the Protection and Advocacy for Individuals with Mental Illness Act (as amended by subsection (a)) (42 U.S.C. 10822(a)) is amended— (1) in paragraph (1)(B), by striking "Trust Territory of the Pacific Islands" and inserting "Marshall Islands, the Federated States of Micronesia, the Republic of Palau"; and (2) by striking paragraph (3). (f) REAUTHORIZATION.—Section 117 of the Protection and Advocacy for Individuals with Mental Illness Act (as amended by subsection (a)) (42 U.S.C. 10827) is amended by striking "1995" and inserting "2003". SEC. 3207. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN FACILITIES. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the following: "PART H—REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN FACILI- TIES "SEC. 591. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS 42 USC 290ii. OF CERTAIN FACILITIES. "(a) IN GENERAL.— ^A public or private general hospital, nursing facility, intermediate care facility, or other health care facility, that receives support in any form from any program supported in whole or in part with funds appropriated to any Federal department or agency shall protect and promote the rights of each resident of the facility, including the right to be free from physical or mental abuse, corporal punishment, and any restraints or involuntary seclusions imposed for purposes of discipline or convenience. "(b) REQUIREMENTS. —Restraints and seclusion may only be imposed on a resident of a facility described in subsection (a) if— "(1) the restraints or seclusion are imposed to ensure the physical safety of the resident, a staff member, or others; and "(2) the restraints or seclusion are imposed only upon the written order of a physician, or other licensed practitioner permitted by the State and the facility to order such restraint or seclusion, that specifies the duration and circumstances under which the restraints are to be used (except in emergency circumstances specified by the Secretary until such an order could reasonably be obtained). "(c) CURRENT LAW. —T his part shall not be construed to affect or impede any Federal or State law or regulations that provide greater protections than this part regarding seclusion and restraint. "(d) DEFINITIONS. —In this section: "(1) RESTRAINTS. — The term 'restraints' means— "(A) any physical restraint that is a mechanical or personal restriction that immobilizes or reduces the ability of an individual to move his or her arms, legs, or head