Currents in Contemporary Ethics: Shocking Treatment: The Use of Tasers in Psychiatric Care

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Associated Press, supra note 3.

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42 C.F.R. § 482.13(f)(1) (West 2005).

42 C.F.R. § 482.13(f)(3)(ii)(C) (West 2005). In the case of National Association of Psychiatric Health Systems v. Shalala, 120 F.Supp.2d 33, D.D.C. (Sept. 14, 2000) the Court for the D.C. Circuit held it was within the discretion of the DHHS to require physician review within one hour even if this puts a great burden on small facilities. In reaching its decision the court emphasized the need to prevent improper restraints as a matter of policy.

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See 42 C.F.R. § 482.13 (West 2005) “A hospital must protect and promote each patient's rights.”

For example: Tex. Health & Safety Code § 576.021, General Rights Relating to Treatment (West 2005); New Jersey Stat. Ann. § 30:4–24.2, Rights of Patients (West 2005); Mich. Comp. Laws Ann. § 333.20201, Patient or resident rights and responsibilities, policy (West 2005); West's Ann. Cal. Welf. & Inst. Code § 5325.1 Same rights and responsibilities guaranteed others; discrimination by programs or activities receiving public funds (West 2005).

42 U.S.C. § 10801 et seq. (West 2005).

42 C.F.R. § 482.62 (West 2005).

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42 C.F.R. 482.13(f) (West 2005).

42 C.F.R. 482.13(f) (West 2005).

See Youngberg v. Romeo , 457 U.S. 307, 321, 102 S.Ct. 2452, 2461 (U.S. 1982), holding a profoundly retarded individual retains liberty interests in safety and freedom from restraint. Decisions made by the physician are necessary and presumed to be made in good faith.

42 C.F.R. 482.62(a) (West 2005).

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42 C.F.R. § 482.13(f)(2) (West 2005).

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Manieri R. , United States Attorney's Office News Release, US Attorney's Office Reaches Agreement with Hospital to Resolve Failure of Care Allegations Stemming from Improper Use of Patient Restraints (July 25, 2005), available at <http://www.usdoj.gov/usao/pae/News/Pr/2005/jul/CMMC.html> (last visited January 3, 2006).

31 Act of March 2, 1863, ch. 67, 12 Stat. 696.

31 U.S.C. §§ 3729–3733 (West 2005).

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See Burke Walsh A. M. , “Qui Tam: Blowing the Whistle for Uncle Sam,” Nova Law Review 21 (1997): 869–944, at 870.

28 C.F.R. § 85.3(a)(9).

United States v. NHC Healthcare Corp., 115 F.Supp. 2d 1149 (W.D. Mo. 2001).

See Krause J. H. , “Promises to Keep: Health Care Providers and the Civil False Claims Act,” Cardozo Law Review 23 (2002): 1363–1437, at 1384.

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