Page:United States Statutes at Large Volume 94 Part 2.djvu/320

 94 STAT. 1598

Effective date. 42 USC 289k-l note.

PUBLIC LAW 96-398—OCT. 7, 1980

"(F) develop systems to assist minority populations in adapting to, and coping with, the effects of discrimination; "(G) support and develop research, demonstration, and training programs designed to eliminate institutional discrimination; and "(H) provide increased emphasis on the concerns of minority populations in training programs, service delivery programs, and research endeavors of the Institute.". (b) The amendment made by subsection (a) shall take effect on the date of the enactment of this Act or October 1, 1980, whichever occurs later. TITLE V—MENTAL HEALTH RIGHTS AND ADVOCACY BILL OF RIGHTS

State laws, review and revision. 42 USC 9501.

Appropriate treatment and related services.

Individualized written treatment or service plan.

Service planning, participation.

SEC. 501. It is the sense of the Congress that each State should review and revise, if necessary, its laws to ensure that mental health patients receive the protection and services they require; and in making such review and revision should take into account the recommendations of the President's Commission on Mental Health and the following: (1) A person admitted to a program or facility for the purpose of receiving mental health services should be accorded the following: (A) The right to appropriate treatment and related services in a setting and under conditions that— (i) are the most supportive of such person's personal liberty; and (ii) restrict such liberty only to the extent necessary consistent with such person's treatment needs, applicable requirements of law, and applicable judicial orders. (B) The right to an individualized, written, treatment or service plan (such plan to be developed promptly after admission of such person), the right to treatment based on such plan, the right to periodic review and reassessment of treatment and related service needs, and the right to appropriate revision of such plan, including any revision necessary to provide a description of mental health services that may be needed after such person is discharged from such program or facility. (C) The right to ongoing participation, in a manner appropriate to such person's capabilities, in the planning of mental health services to be provided such person (including the right to participate in the development and periodic revision of the plan described in subparagraph (B)), and, in connection with such participation, the right to be provided with a reasonable explanation, in terms and language appropriate to such person's condition and ability to understand, of— (i) such person's general mental condition and, if such program or facility has provided a physical examination, such person's general physical condition; (ii) the objectives of treatment; (iii) the nature and significant possible adverse effects of recommended treatments; (iv) the reasons why a particular treatment is considered appropriate;

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