Page:United States Statutes at Large Volume 105 Part 2.djvu/266

 105 STAT. 1218 PUBLIC LAW 102-173—NOV. 27, 1991 all the rights and authority accorded to other representatives of residents of such facilities pursuant to State law and other Federal laws.". SEC. 6. SYSTEMS REQUIREMENTS. (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;". (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;". (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". (d) GOVERNING AUTHORITY.— Section 105(c)(l)(B) (42 U.S.C. 10805(c)(l)(B)) is amended by adding at the end thereof the following new sentence: "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.". SEC. 7. TRAINING. Section 111 (42 U.S.C. 10821) is amended—

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