Page:United States Statutes at Large Volume 94 Part 2.djvu/291

 PUBLIC LAW 96-398—OCT. 7, 1980

94 STAT. 1569

(2)(A) Except as provided in subparagraph (B), in the case of a community mental health center which is operated by a governmental agency or a hospital, such center may, in lieu of meeting the requirements of paragraph (1), appoint a committee which advises it with respect to the operations of the center and which is composed of individuals who reside in the center's mental health service area, who are representative of the residents of the area as to emplo5maent, age, sex, place of residence, and other demographic characteristics, and at least one-half of whom are not providers of health care. A center to which this subparagraph applies shall submit to such a committee for its review any application for a grant under section 201. (B) Subparagraph (A) does not apply with respect to a community mental health center which on the date of the enactment of this Act had a governing body which met the requirements of paragraph (1). (3) Paragraphs (1) and (2) do not apply to a community mental health center which is operated by a primary care center, community health center, or migrant center and which meets the applicable requirements of part D of title III of the Public Health Service Act. (4) For purposes of paragraphs (1) and (2), the term "provider of health care" has the same meaning as is prescribed for that term by section 1531(3) of the Public Health Service Act. (d) A center shall, in accordance with regulations prescribed by the Secretary, have (1) an ongoing quality assurance program (including multidisciplinary utilization and peer review systems) respecting the center'services, (2) an integrated medical records system (including a drug use profile) which, in accordance with applicable Federal and State laws respecting confidentiality, is designed to provide access to all past and current information regarding the health status of each patient and to maintain safeguards to preserve confidentiality and to protect the rights of the patient, (3) a multidisciplinary professional advisory board, which is composed of members of the center's professional staff, to advise the governing board or the advisory committee in establishing policies governing medical and other services provided by such staff on behalf of the center, and (4) an identifiable administrative unit which shall be responsible for providing the consultation and education services described in subsection 0))(l)(A)(iv). The Secretary may waive the requirements of clause (4) with respect to any center if he determines that because of the size of such center or because of other relevant factors the establishment of the administrative unit described in such clause is not warranted.

Advisory committee.

42 USC 255. "Provider of health care." 42 USC 300n. enter, requirements.

Waiver.

OTHER DEFINITIONS

SEC. 102. For purposes of this Act: (1) The term "Secretary" means the Secretary of Health and Human Services. (2) The term "State" includes (in addition to the fifty States) the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands. (3) The term "State mental health authority" means the agency of a State designated under section 105 to be responsible for the mental health programs of the State. (4) The term "mental health service area" means an area established under section 106. (5) The term "nonprofit", as applied to any entity, means an entity which is owned and operated by one or more corporations

42 USC 9412.

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