This regulation establishes the statutory basis and scope for federal requirements governing the use of restraint and seclusion in psychiatric residential treatment facilities (PRTFs) that are not hospitals and that provide inpatient psychiatric services to individuals under age 21. Facility operators must comply with procedural, reporting, and training requirements related to restraint and involuntary seclusion as mandated by the Children's Health Act of 2000. The rule explicitly excludes psychiatric hospitals from its scope, applying only to non-hospital PRTFs serving this population.
View official source§ 483.350 Basis and scope. (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 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.