Page:United States Statutes at Large Volume 114 Part 2.djvu/317

 PUBLIC LAW 106-310—OCT. 17, 2000 114 STAT. 1199 may only use seclusion when a staff member is continuously face-to-face monitoring the resident and when strong licensing or accreditation and internal controls are in place. " (c) RULE OF CONSTRUCTION.— "(1) IN GENERAL.— Nothing in this section shall be construed as prohibiting the use of restraints for medical immobilization, adaptive support, or medical protection. "(2) CURRENT LAW.— This part shall not be construed to affect or impede any Federal or State law or regulations that provide greater protections than this part regarding seclusion and restraint. "(d) DEFINITIONS. —In this section: "(1) MECHANICAL RESTRAINT.—The term 'mechanical restraint' means the use of devices as a means of restricting a resident's freedom of movement. "(2) PHYSICAL ESCORT. — The term 'physical escort' means the temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a resident who is acting out to walk to a safe location. "(3) PHYSICAL RESTRAINT. —The term 'physical restraint' means a personal restriction that immobilizes or reduces the ability of an individual to move his or her arms, legs, or head freely. Such term does not include a physical escort. "(4) SECLUSION. —The term 'seclusion' means a behavior control technique involving locked isolation. Such term does not include a time out. "(5) TIME OUT. —The term 'time out' means a behavior management technique that is part of an approved treatment program and may involve the separation of the resident from the group, in a non-locked setting, for the purpose of calming. Time out is not seclusion. "SEC. 595A- REPORTING REQUIREMENT. 42 USC 290jj-l. "Each facility to which this part applies shall notify the appropriate State licensing or regulatory agency, as determined by the Secretary— "(1) of each death that occurs at each such facility. A notification under this section shall include the name of the resident and shall be provided not later than 24 hours after the time of the individuals death; and "(2) of the use of seclusion or restraints in accordance with regulations promulgated by the Secretary, in consultation with the States. "SEC. 595B. REGULATIONS AND ENFORCEMENT. 42 USC 290jj-2. "(a) TRAINING. —Not later than 6 months after the date of Deadline, the enactment of this part, 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); "(2) require States to develop and implement such licensing rules and monitoring requirements within 1 year after the

�