[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 42CFR51d.5]



[Page 190]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 51d_MENTAL HEALTH AND SUBSTANCE ABUSE EMERGENCY RESPONSE PROCEDURES

--Table of Contents

 

Sec. 51d.5  How is an emergency determined to exist?



    (a) In making a decision as to whether a mental health or substance 

abuse emergency exists for purposes of section 501(m) of the PHS Act, 

the Secretary, using discretion, will consider all relevant factors, but 

at a minimum the following must exist:

    (1) Existing State, Tribal and local systems for mental health and/

or substance abuse services are overwhelmed or unable to meet the 

existing mental health or substance abuse needs of the local community 

at issue; and

    (2) This inability to meet the mental health and/or substance abuse 

service needs of a local community is the direct consequence of a clear 

precipitating event. This precipitating event must:

    (i) Have a sudden, rapid onset and a definite conclusion, such as:

    (A) A natural disaster (including, but not limited to, a hurricane, 

tornado, storm, flood, earthquake, fire, drought, or other natural 

catastrophe); or

    (B) A technological disaster (including, but not limited to, a 

chemical spill, a major industrial accident, or a transportation 

accident); or

    (C) A criminal act with significant casualties (including, but not 

limited to, a domestic act of terrorism, a hostage situation, or an 

incident of mass violence including school shootings and riots); and

    (ii) Result in significant:

    (A) Death,

    (B) Injury,

    (C) Exposure to life-threatening circumstances,

    (D) Hardship,

    (E) Suffering,

    (F) Loss of property, or

    (G) Loss of community infrastructure (e.g., loss of treatment 

facilities, staff, public transportation and/or utilities, or isolation 

from services); and

    (3) No other local, State, Tribal or Federal funding is available to 

adequately address the specific level of need resulting from the 

precipitating event and resulting emergency mental health and/or 

substance abuse service needs of the impacted community.

    (b) In making a determination that a mental health or substance 

abuse emergency exists, the Secretary will consider the certification 

and written statements provided in accordance with Sec. 51d.4(a)(1) or 

(b)(1), and other information independently available to the Secretary.

    (c) Once the Secretary determines that a mental health or substance 

abuse emergency exists, the Secretary may exercise discretion to make 

awards to enable public entities to respond to the emergency, within the 

limits of funds available.