42 U.S.C. § 290jj-2 : US Code - Section 290JJ-2: Regulations and enforcement

Search 42 U.S.C. § 290jj-2 : US Code - Section 290JJ-2: Regulations and enforcement

(a) Training
Not later than 6 months after October 17, 2000, the Secretary,
after consultation with appropriate State, local, public and
private protection and advocacy organizations, health care
professionals, social workers, facilities, and patients, shall
promulgate regulations that -
(1) require States that license non-medical, community-based
residential facilities for children and youth to develop
licensing rules and monitoring requirements concerning behavior
management practice that will ensure compliance with Federal
regulations and to meet the requirements of subsection (b) of
this section;
(2) require States to develop and implement such licensing
rules and monitoring requirements within 1 year after the
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) of this section
shall require -
(1) that facilities described in subsection (a) of this section
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 290jj-1(1) of
this title.
(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 chapter.