Page:United States Statutes at Large Volume 102 Part 3.djvu/591

 PUBLIC LAW 100-509—OCT. 20, 1988

102 STAT. 2543

Public Law 100-509 100th Congress An Act To amend the Protection and Advocacy for Mentally 111 Individuals Act of 1986 to reauthorize such Act, and for other purposes.

Oct. 20, 1988 [S. 2393]

Be it enacted by the Senate and House of Representatives of the Protection and United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Protection and Advocacy for Mentally 111 Individuals Amendments Act of 1988". SEC. 2. REFERENCES. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Protection and Advocacy for Mentally 111 Individuals Act of 1986 (42 U.S.C. 10801 et seq.).

Advocacy for Mentally 111 Individuals Amendments Act of 1988. 42 USC 10801 note.

SEC. 3. SCOPE OF COVERAGE.

Section 102 (42 U.S.C. 10802) is amended— (1) in paragraph (1), by inserting "or death" after "caused, injury"; (2) in paragraph (3)— (A) by inserting "(i)" after the subparagraph designation in subparagraph (B); (B) by striking out the period at the end of subparagraph (B) and inserting in lieu thereof the following: ", even if the whereabouts of such inpatient or resident are unknown;"; and (C) by adding at the end thereof the following new clauses: "(ii) who is in the process of being admitted to a facility Health care rendering care or treatment, including persons being trans- facilities. ported to such a facility; or"; "(iii) who is involuntarily confined in a municipal detention facility for reasons other than serving a sentence resulting from conviction for a criminal offense."; and (3) in paragraph (4)— (A) by inserting "or death" after "injury" each place such word occurs; and (B) by inserting before the period at the end thereof the following: ", including the failure to maintain adequate numbers of appropriately trained staff. SEC. 4. ESTABLISHMENT OF A GOVERNING AUTHORITY.

Section 105 (42 U.S.C. 10805) is amended— (1) in subsection (a)(6), by striking out "a board" and inserting in lieu thereof "an advisory council"; and (2) by adding at the end thereof the following new subsection:

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