Page:United States Statutes at Large Volume 114 Part 2.djvu/314

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114 STAT. 1196 PUBLIC LAW 106-310—OCT. 17, 2000 freely, not including devices, such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or any other methods that involves the physical holding of a resident for the purpose of conducting routine physical examinations or tests or to protect the resident from falling out of bed or to permit the resident to participate in activities without the risk of physical harm to the resident (such term does not include a physical escort); and "(B) a drug or medication that is used as a restraint to control behavior or restrict the resident's freedom of movement that is not a standard treatment for the resident's medical or psychiatric condition. "(2) SECLUSION. — The term 'seclusion' means a behavior control technique involving locked isolation. Such term does not include a time out. "(3) PHYSICAL ESCORT.— The term 'physical escort' means the temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a resident who is acting out to walk to a safe location. "(4) TIME OUT. —The term 'time out' means a behavior management technique that is part of an approved treatment program and may involve the separation of the resident from the group, in a non-locked setting, for the purpose of calming. Time out is not seclusion. 42 USC 290irl. "SEC. 592. REPORTING REQUIREMENT. "(a) IN GENERAL. —Each facility to which the Protection and Advocacy for Mentally 111 Individuals Act of 1986 applies shall notify the appropriate agency, as determined by the Secretary, of each death that occurs at each such facility while a patient is restrained or in seclusion, of each death occurring within 24 hours after the patient has been removed from restraints and seclusion, or where it is reasonable to assume that a patient's death is a result of such seclusion or restraint. A notification under this section shall include the name of the resident and shall be provided not later than 7 days after the date of the death of the individual involved. "(b) FACILITY. —In this section, the term 'facility' has the meaning given the term 'facilities' in section 102(3) of the Protection and Advocacy for Mentally 111 Individuals Act of 1986 (42 U.S.C. 10802(3)).". 42 USC 290ii-2. "SEC. 593. REGULATIONS AND ENFORCEMENT. Deadline. "(a) TRAINING.— Not later than 1 year after the date of the enactment of this part, 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 111 Individuals Act of 1986 (42 U.S.C. 10801 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,