§ 10805. System requirements

Footnotes

1. 1 So in original. Probably should be “an”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Protection and Advocacy for Mentally Ill Individuals Act of 1986

   Pub. L. 99–319 title I § 105 · 100 Stat. 478

   Enacted · 42 U.S.C. § 10805

   Pub. L. 99–319, title I, § 105, May 23, 1986, 100 Stat. 480

   Source evidence

   Code source credit
   Pub. L. 99–319, title I, § 105, May 23, 1986, 100 Stat. 480

   Enacted provision · exact public law section
   Sec. 105. system requirements (a) A system established in a State under section 103 to protect and advocate the rights of mentally ill individuals shall— (1) have the authority to— (A) investigate incidents of abuse and neglect of mentally ill individuals if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred; (B) pursue administrative, legal, and other appropriate remedies to ensure the protection of mentally ill individuals who are receiving care or treatment in the State; and (C) pursue administrative, legal, and other remedies on behalf of an individual who— (i) was a mentally ill individual; and (ii) is a resident of the State, but only with respect to matters which occur within 90 days after the date of the discharge of such individual from a facility providing care or treatment; (2) be independent of any agency in the State which provides treatment or services (other than advocacy services) to mentally ill individuals; (3) have access to facilities in the State providing care or treatment; (4) in accordance with section 106, have access to all records of— (A) any individual who is a client of the system if such individual, or the legal guardian, conservator, or other legal representative of such individual, has authorized the system to have such access; and (B) any individual— (i) who by reason of the mental or physical condition of such individual is unable to authorize the system to have such access; (ii) who does not have a legal guardian, conservator, or other legal representative, or for whom the legal guardian is the State; and (iii) with respect to whom a complaint has been received by the system or with respect to whom there is probable cause to believe that such individual has been subject to abuse or neglect; (5) have an arrangement with the Secretary and the agency of the State which administers the State plan under title XIX of 42 USC 1396. the Social Security Act for the furnishing of the information required by subsection (b); (6) establish a board— (A) which will advise the system on policies and priorities to be carried out in protecting and advocating the rights of mentally ill individuals; and (B) which shall include attorneys, mental health professionals, individuals from the public who are knowledgeable about mental illness, a provider of mental health services, individuals who have received or are receiving mental health services, and family members of such individuals, and at least one-half the membership of which shall be comprised of individuals who have received or are receiving mental health services or who are family members of such individuals; and (7) on January 1, 1987, and January 1 of each succeeding year, Reports. prepare and transmit to the Secretary and the head of the State mental health agency of the State in which the system is located a report describing the activities, accomplishments, and expenditures of the system during the most recently completed fiscal year. (b) The Secretary and the agency of a State which administers its State plan under title XIX of the Social Security Act shall provide 42 USC 1396. the eligible system of the State with a copy of each annual survey report and plan of corrections for cited deficiencies made pursuant to titles XVIII and XIX of the Social Security Act with respect to 42 USC 1395. any facility rendering care or treatment to mentally ill individuals in the State in which such system is located. A report or plan shall Reports. be made available within 30 days after the completion of the report or plan.

2. 1988

   Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988

   Pub. L. 100–509 § 6(a) · 102 Stat. 2543

   Inserted · 42 U.S.C. § 10805(a)(4)(B)

   Pub. L. 100–509, § 6(a), inserted “(including an individual who has died or whose whereabouts are unknown)” after “any individual”

   Source evidence

   Code amendment note
   Subsec. (a)(4)(B). Pub. L. 100–509, § 6(a), inserted “(including an individual who has died or whose whereabouts are unknown)” after “any individual”.

   Enacted provision · exact public law section
   (a) System Requirement.— Section 105(a)(4)(B) (42 U.S.C. 10805(a)(4)(B)) is amended by striking out “any individual” and inserting in lieu thereof “any individual (including an individual who has died or whose whereabouts are unknown)”.

3. 1988

   Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988

   Pub. L. 100–509 § 4(1) · 102 Stat. 2543

   Substituted · 42 U.S.C. § 10805(a)(6)

   Pub. L. 100–509, § 4(1), substituted “an advisory council” for “a board”

   Source evidence

   Code amendment note
   Subsec. (a)(6). Pub. L. 100–509, § 4(1), substituted “an advisory council” for “a board”.

   Enacted provision · exact public law section
   (1) in subsection (a)(6), by striking out “a board” and inserting in lieu thereof “an advisory council”; and

4. 1988

   Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988

   Pub. L. 100–509 § 5 · 102 Stat. 2543

   Substituted · 42 U.S.C. § 10805(a)(7)

   Pub. L. 100–509, § 5, substituted “, including a section prepared by the advisory council that describes the activities of the council and its assessment of the operations of the system;” for period at end

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 100–509, § 5, substituted “, including a section prepared by the advisory council that describes the activities of the council and its assessment of the operations of the system;” for period at end.

   Enacted provision · exact public law section
   SEC. 5. ADVISORY COUNCIL REPORT. Section 105(a)(7) (42 U.S.C. 10805(a)(7)) is amended by striking out the period and inserting in lieu thereof the following: “, including a section prepared by the advisory council that describes the activities of the council and its assessment of the operations of the system;”.

5. 1988

   Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988

   Pub. L. 100–509 § 7(c) · 102 Stat. 2543

   Added · 42 U.S.C. § 10805(a)(8); 42 U.S.C. § 10805(a)(9)

   Pub. L. 100–509, § 7(c), added pars. (8) and (9)

   Source evidence

   Code amendment note
   Subsec. (a)(8), (9). Pub. L. 100–509, § 7(c), added pars. (8) and (9).

   Enacted provision · exact public law section
   (c) Additional System Requirements.— Section 105(a) (42 U.S.C. 10805(a)) (as amended by section 5), is further amended by adding at the end thereof the following new paragraphs: “(8) on an annual basis, provide the public with an opportunity to comment on the priorities established by, and the activities of, the system; and “(9) establish a grievance procedure for clients or prospective clients of the system to assure that mentally ill individuals have full access to the services of the system.”.

6. 1988

   Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988

   Pub. L. 100–509 § 4(2) · 102 Stat. 2543

   Added · 42 U.S.C. § 10805(c)

   Pub. L. 100–509, § 4(2), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–509, § 4(2), added subsec. (c).

   Enacted provision · exact public law section
   (2) by adding at the end thereof the following new subsection: “(c) (1) (A) Each system established in a State, through allotments received under section 103, to protect and advocate the rights of mentally ill individuals shall have a governing authority. “(B) In States in which the governing authority is organized as a private non-profit entity with a multi-member governing board, or a public system with a multi-member governing board, such governing board shall be selected according to the policies and procedures of the system. The governing board shall be composed of— “(i) members (to be selected no later than October 1, 1990) who broadly represent or are knowledgeable about the needs of the clients served by the system; and “(ii) in the case of a governing authority organized as a private non-profit entity, members who broadly represent or are Knowledgeable about the needs of the clients served by the system including the chairperson of the advisory council of such system. “(2) The governing authority established under paragraph (1) shall— “(A) be responsible for the planning, design, implementation, and functioning of the system; and “(B) consistent with subparagraph (A), jointly develop the annual priorities of the system with the advisory council.”.

7. 1991

   Pub. L. 102–173 § 10 · 105 Stat. 1217

   1. Substituted · 42 U.S.C. § 10805(a)

      Pub. L. 102–173, § 10, substituted “individual with mental illness” for “mentally ill individual” wherever appearing

   2. Substituted · 42 U.S.C. § 10805(a)

      Pub. L. 102–173, § 10, substituted “individuals with mental illness” for “mentally ill individuals” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–173, § 10, substituted “individual with mental illness” for “mentally ill individual” and “individuals with mental illness” for “mentally ill individuals” wherever appearing.

   Enacted provision · exact public law section
   SEC. 10. TECHNICAL AMENDMENTS. The Act (42 U.S.C. 10801 et seq.) is amended— (1) by striking out “mentally ill individual” each place that such occurs and inserting in lieu thereof “individual with mental illness”; and (2) by striking out “mentally ill individuals” each place that such occurs and inserting in lieu thereof “individuals with mental illness”.

8. 1991

   Pub. L. 102–173 § 6(a) · 105 Stat. 1217

   1. Inserted · 42 U.S.C. § 10805(a)(4)

      Pub. L. 102–173, § 6(a), inserted “as a result of monitoring or other activities (either of which result from a complaint or other evidence)” before “there is” in subpar. (B)(iii)

   2. Added · 42 U.S.C. § 10805(a)(4)

      Pub. L. 102–173, § 6(a), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 102–173, § 6(a), inserted “as a result of monitoring or other activities (either of which result from a complaint or other evidence)” before “there is” in subpar. (B)(iii) and added subpar. (C).

   Enacted provision · exact public law section
   (a) Access to Records.— Section 105(a)(4) (42 U.S.C. 10805(a)(4)) is amended— (1) in subparagraph (A), by striking out “and” at the end thereof; (2) in subparagraph (B)(iii)— (A) by inserting “as a result of monitoring or other activities (either of which result from a complaint or other evidence)” before “there is”; and (B) by adding “and” at the end thereof; and (3) by adding at the end thereof the following new subparagraph: “(C) any individual with a mental illness, who has a legal guardian, conservator, or other legal representative, with respect to whom a complaint has been received by the system or with respect to whom there is probable cause to believe the health or safety of the individual is in serious and immediate jeopardy, whenever— “(i) such representative has been contacted by such system upon receipt of the name and address of such representative; “(ii) such system has offered assistance to such representative to resolve the situation; and “(iii) such representative has failed or refused to act on behalf of the individual;”.

9. 1991

   Pub. L. 102–173 § 6(b) · 105 Stat. 1217

   1. Substituted · 42 U.S.C. § 10805(a)(6)

      Pub. L. 102–173, § 6(b), substituted “60 percent” for “one-half” in subpar. (B)

   2. Added · 42 U.S.C. § 10805(a)(6)

      Pub. L. 102–173, § 6(b), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (a)(6). Pub. L. 102–173, § 6(b), substituted “60 percent” for “one-half” in subpar. (B) and added subpar. (C).

   Enacted provision · exact public law section
   (b) Advisory Council.— Section 105(a)(6) (42 U.S.C. 10805(a)(6)) is amended— (1) in subparagraph (A), by striking out “and” at the end thereof; (2) in subparagraph (B), by striking out “one-half” and inserting in lieu thereof “60 percent”; and (3) by adding at the end thereof the following new subparagraph: “(C) which shall be chaired by an individual who has received or is receiving mental health services or who is a family member of such an individual;”.

10. 1991

    Pub. L. 102–173 § 6(c) · 105 Stat. 1217

    Inserted · 42 U.S.C. § 10805(a)(9)

    Pub. L. 102–173, § 6(c), inserted before period at end “and for individuals who have received or are receiving mental health services, family members of such individuals with mental illness, or representatives of such individuals or family members to assure that the eligible system is operating in compliance with the provisions of this subchapter and subchapter III”

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 102–173, § 6(c), inserted before period at end “and for individuals who have received or are receiving mental health services, family members of such individuals with mental illness, or representatives of such individuals or family members to assure that the eligible system is operating in compliance with the provisions of this subchapter and subchapter III”.

    Enacted provision · exact public law section
    (c) Grievance Procedure.— Section 105(a)(9) (42 U.S.C. 10805(a)(9)) is amended by inserting before the period the following: “and for individuals who have received or are receiving mental health services, family members of such individuals with mental illness, or representatives of such individuals or family members to assure that the eligible system is operating in compliance with the provisions of this title and title III”.

11. 1991

    Pub. L. 102–173 § 10(2) · 105 Stat. 1217

    Substituted · 42 U.S.C. § 10805(b)

    Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals”.

    Enacted provision · exact public law section
    (2) by striking out “mentally ill individuals” each place that such occurs and inserting in lieu thereof “individuals with mental illness”.

12. 1991

    Pub. L. 102–173 · 105 Stat. 1217

    1. Substituted · 42 U.S.C. § 10805(c)(1)

       Pub. L. 102–173, §§ 6(d), 10(2), substituted “individuals with mental illness” for “mentally ill individuals” in subpar. (A)

    2. Inserted · 42 U.S.C. § 10805(c)(1)

       Pub. L. 102–173, §§ 6(d), 10(2), inserted at end of subpar. (B) “As used in this subparagraph, the term ‘members who broadly represent or are knowledgeable about the needs of the clients served by the system’ shall be construed to include individuals who have received or are receiving mental health services and family members of such individuals.”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–173, §§ 6(d), 10(2), substituted “individuals with mental illness” for “mentally ill individuals” in subpar. (A) and inserted at end of subpar. (B) “As used in this subparagraph, the term ‘members who broadly represent or are knowledgeable about the needs of the clients served by the system’ shall be construed to include individuals who have received or are receiving mental health services and family members of such individuals.”

13. 1997

    Assisted Suicide Funding Restriction Act of 1997

    Pub. L. 105–12 § 9(m) · 111 Stat. 23

    Added · 42 U.S.C. § 10805(a)(10)

    Pub. L. 105–12 added par. (10)

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 105–12 added par. (10).

    Enacted provision · exact public law section
    (m) Protection and Advocacy for Mentally Ill Individuals Act of 1986.— Section 105(a) of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10805(a)) is amended— (1) in paragraph (8), by striking “and” at the end; (2) in paragraph (9), by striking the period and inserting “; and”; and (3) by adding at the end thereof the following new paragraph: “(10) not use allotments provided to a system in a manner inconsistent with section 5 of the Assisted Suicide Funding Restriction Act of 1997.”.

    Effective date note
    Amendment by Pub. L. 105–12 effective Apr. 30, 1997, and applicable to Federal payments made pursuant to obligations incurred after Apr. 30, 1997, for items and services provided on or after such date, subject to also being applicable with respect to contracts entered into, renewed, or extended after Apr. 30, 1997, as well as contracts entered into before Apr. 30, 1997, to the extent permitted under such contracts, see section 11 of Pub. L. 105–12, set out as an Effective Date note under section 14401 of this title.

14. 2016

    Helping Families in Mental Health Crisis Reform Act of 2016

    Pub. L. 114–255 div. B title VI § 6022(a) · 130 Stat. 1033

    Substituted · 42 U.S.C. § 10805(a)(7)

    Pub. L. 114–255 substituted “is located, and make publicly available, a report” for “is located a report”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 114–255 substituted “is located, and make publicly available, a report” for “is located a report”.

    Enacted provision · exact public law section
    (a) Public Availability of Reports.— Section 105(a)(7) of the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10805(a)(7)) is amended by striking “is located a report” and inserting “is located, and make publicly available, a report”.

16 of 18 references resolved to an enrolled provision · 2 partial