Page:United States Statutes at Large Volume 106 Part 3.djvu/622

 106 STAT. 2416 PUBLIC LAW 102-484—OCT. 23, 1992 10 USC 1074 SEC. 646. MENTAL HEALTH EVALUATIONS OF MEMBERS OF ARMED note, FORCES. (a) REGULATIONS.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise applicable regulations to incorporate the requirements set forth in subsections (b), (c), and (d). In revising such regulations, the Secretai^ shall take into account any guidelines regarding psy- chiatric hospitalization of adults prepared by professional civilian health organizations. (b) PROCEDURES FOR OUTPATIENT AND INPATIENT EVALUA- TIONS. —(1) The revisions required by subsection (a) shall provide that, except as provided in paragraph (4), a commanding ofGcer shall consult with a mental health professioned prior to referring a member of the Armed Forces for a mental health evaluation to be conducted on an outpatient basis. (2) The revisions required by subsection (a) shall provide that, except as provided in paragraph (4)— (A) a mental health evaluation of a member of the Armed Forces conducted on an inpatient basis shall be used only if and when such an evaluation cannot appropriately or reasonably be conducted on an outpatient basis, in accordance with the least restrictive alternative principle; and (B) only a psychiatrist, or, in cases in which a psychiatrist is not available, another mental health professional or a physician, may admit a member of the Armed Forces for a mental health evaluation to be conducted on an inpatient basis. (3) The revisions required by subsection (a) shall provide that, when a commanding officer determines it is necessary to refer a member of the Armed Forces for a mental health evaluation, the commanding officer shall ensure that, except as provided in paragraph (4), the member is provided with a written notice of the referral. The notice shall, at a minimum, include the following: (A) The date and time the mental health evaluation is scheduled. (B) A brief explanation of why the referral is considered necessary. (C) The name or names of the mental health professionals with whom the commanding officer has consulted prior to making the referral. If such consultation is not possible, the notice shall include the reasons why. (D) The positions and telephone numbers of authorities, including attorneys and inspectors general, who can assist a member who wishes to question the referral. (E) The rights of the member under the revisions required by subsection (a). (F) The member's signature attesting to having received the information described in subparagraphs (A) through (E). If the member refuses to sign the attestation, the commanding officer shall so indicate in the notice. (4) The revisions required by subsection (a) shall provide that, during emergencies, the procedures described in subsection (d) shall be followed in lieu of the procedures required by this subsection. (c) RIGHTS OF MEMBERS.— The revisions required by subsection (a) shall provide that, in any case in which a member of the Armed Forces is referred for a mental health evaluation other than in an emergency, the following provisions apply:

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