Sec. 4. Guidelines
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/bill/116/hr/3554/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 16 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall, pursuant to rulemaking and in accordance with subsection (d), establish guidelines for States and mental health professionals, with respect to establishing reporting systems under section 2(a)(1)— to ensure determinations described in paragraphs
(2)and
(3)of section 2(a) of dangerousness and determinations described in section 2(a)(4) of serious threat for purposes of reporting information under section 2(a)(1) are administered properly; to ensure that only individuals qualified to make such determinations are permitted to do so; to ensure an individual has recourse at any point during the detention of such individual at a mental health institution on the basis of a voluntary or involuntary commitment to contest the legality of such commitment or determination of dangerousness by means of a “habeas corpus” or writ hearing; to ensure all reporting to law enforcement officials, State-based databases, and National Instant Criminal Background Check System are compliant with applicable Federal and State privacy and security protections and standards; to recommend the process by which qualified professionals should assess an individual to determine dangerousness for purposes described in section 2; and for any other purpose deemed necessary by the Secretary. Not later than 16 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall, pursuant to rulemaking and in accordance with subsection (d), establish guidelines for States to establish a process for temporarily committing or holding individuals on an involuntary basis to mental health institutions. Such guidelines shall address at least the following: Guidelines to ensure any determination that an individual shall be temporarily involuntarily committed or held is assessed by more than one qualified mental health professional. Guidelines to determine which mental health professionals are qualified to handle the responsibilities provided such professionals under section 2. Guidelines recommending the process by which qualified professionals should assess an individual to determine dangerousness for purposes described in section 2. Guidelines for how any individual designated to be temporarily involuntary committed or held and who is receiving medication as a result of the mental illness of such individual must be advised about the probable effects and possible side effects of the medication. Guidelines for requiring the following information related to medications to be given to such an individual: The nature of the mental illness or behavior that is the reason the medication is being given or recommended. The likelihood of such mental illness or behavior improving or not improving without the medication. Reasonable alternative treatments available. The name and type, frequency amount, and method of dispensing the medication, and the probable length of time the medication will be taken. Guidelines related to the process of assessing an individual for a temporary involuntary commitment or hold, which shall incorporate the following requirements: Prior to admitting an individual to a mental health facility pursuant to such commitment, the qualified mental health professional in charge of the facility or designee of such professional shall assess the individual with a face to face assessment to determine the appropriateness of the temporary involuntary detention or hold. A second mental health professional shall independently verify the appropriateness of the temporary involuntary detention or hold. Guidelines related to advising such an individual orally and in written form during the following steps in the process of the individual being temporarily involuntarily committed or held: After an initial detention by a qualified professional (as defined by the State) to transport a patient to a facility, an oral advisement containing critical information as determined by the Secretary must be given to the individual being transported to a facility for an assessment. Upon admission, after a determination of dangerousness by a qualified professional, an oral advisement by a mental health professional containing critical information as determined by the Secretary must be given to the individual. Any other guidelines deemed necessary by the Secretary for purposes of this Act. The Secretary of Health and Human Services shall establish a process for certifying that States are in compliance with the guidelines described in subsections
(a)and
(b)for purposes of establishing the compliance of such States under section 2(c). In establishing guidelines described in paragraphs (1), (2), and
(5)of subsection
(a)and paragraphs (2), (3), (4), and
(5)of subsection (b), the Secretary of Health and Human Services shall consult with relevant mental health professional organizations and stakeholders, such as the American Psychological Association and the American Psychiatric Association.