[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR483.350]



[Page 553-554]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 483_REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES--Table 

of Contents

 

    Subpart G_Condition of Participation for the Use of Restraint or 

  Seclusion in Psychiatric Residential Treatment Facilities Providing 

       Inpatient Psychiatric Services for Individuals Under Age 21

 

Sec. 483.350  Basis and scope.



    Source: 66 FR 7161, Jan. 22, 2001, unless otherwise noted.





    (a) Statutory basis. Sections 1905(a)(16) and (h) of the Act provide 

that inpatient psychiatric services for individuals under age 21 include 

only inpatient services that are provided in an institution (or distinct 

part thereof) that is a psychiatric hospital as defined



[[Page 554]]



in section 1861(f) of the Act or in another inpatient setting that the 

Secretary has specified in regulations. Additionally, the Children's 

Health Act of 2000 (Pub. L. 106-310) imposes procedural reporting and 

training requirements regarding the use of restraints and involuntary 

seclusion in facilities, specifically including facilities that provide 

inpatient psychiatric services for children under the age of 21 as 

defined by sections 1905(a)(16) and (h) of the Act.

    (b) Scope. This subpart imposes requirements regarding the use of 

restraint or seclusion in psychiatric residential treatment facilities, 

that are not hospitals, providing inpatient psychiatric services to 

individuals under age 21.