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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Mental Health Units (Use of Force) Bill, As
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| | This document includes all amendments tabled to date and includes any |
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| | withdrawn amendments at the end. The amendments have been arranged in the |
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| | order in which they relate to the Bill.
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| | To move the following Clause— |
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| | | “Independent investigation of deaths |
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| | (1) | A registered manager must within seven days of becoming aware of a death to |
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| | which this section applies notify the Secretary of State in writing of that death. |
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| | (2) | This section applies to a death if— |
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| | (a) | the death occurred during, or as a result of, the use of force on the |
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| | (b) | the use of force occurred at a mental health unit managed by the |
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| | (3) | On being notified of a death, the Secretary of State must appoint an independent |
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| | (a) | to investigate the circumstances of the death, and |
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| | (b) | to prepare a report regarding that death. |
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| | (4) | A person appointed under this section must be independent of the NHS and of |
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| | private providers of mental health services. |
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| | (5) | A person appointed under this section must provide a report within three months |
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| | (6) | The Secretary of State must within 14 days of receiving the report publish— |
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| | (b) | a statement that a report under this section has been received. |
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| | (7) | The Secretary of State may only publish a statement under subsection (6)(b) if |
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| | satisfied that the publication of the report would be contrary to the public interest, |
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| | which includes causing prejudice to— |
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| | (a) | any potential or ongoing court proceedings, |
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| | (b) | the conduct of a senior coroner’s investigation under Part 1 of the |
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| | Coroners and Justice Act 2009. |
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| | (8) | A statement published under subsection (6)(b) must include— |
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| | (a) | the name and date of birth of the deceased, |
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| | (b) | the date and place of the death, |
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| | (c) | the place at which the use of force occurred, if different from the place of |
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| | (d) | the identity of the registered manager in relation to the mental health unit, |
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| | (e) | how the publication of the report would, in the opinion of the Secretary |
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| | of State, be contrary to the public interest. |
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| | (9) | The Secretary of State must publish the report as soon as practicable upon the |
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| | conclusion of the proceedings or investigation.” |
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| | To move the following Clause— |
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| | | “Independent investigation of deaths: legal aid |
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| | (1) | Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 |
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| | (civil legal services) is amended as follows. |
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| | (2) | After paragraph 41 (inquests) insert— |
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| | “41A | Investigation of deaths resulting from use of force in mental health |
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| | (1) | Civil legal services provided to an individual in relation to an |
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| | investigation under section (independent investigations of deaths) of the |
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| | Mental Health Units (Use of Force) Act 2018 (independent investigation |
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| | of deaths) into the death of a member of the individual’s family. |
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| | (2) | For the purposes of this paragraph an individual is a member of another |
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| | (a) | they are relatives (whether of the full blood or half blood or by |
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| | marriage or civil partnership), |
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| | (b) | they are cohabitants (as defined in Part 4 of the Family Law Act |
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| | (c) | one has parental responsibility for the other.” |
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| Clause 1, page 1, line 13, leave out sub-paragraph (ii) |
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| Clause 1, page 1, line 15, leave out subsection (4) |
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| Clause 1, page 2, line 3, leave out “force” and insert “restraint” |
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| Clause 1, page 2, line 4, after “use” insert “or threat ” |
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| | Member’s explanatory statement
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| | This amendment, together with Amendments 41 to 43, would extend the definition of the use of |
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| | force for the provisions in the Bill to cover threats of the use of force and coercion. |
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| Clause 1, page 2, line 4, leave out “mechanical or chemical” and insert “or |
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| Clause 1, page 2, line 5, leave out paragraph (b) |
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| Clause 1, page 2, line 5, after “isolation” insert “or threat of isolation” |
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| | Member’s explanatory statement
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| | See explanatory statement for Amendment 40. |
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| Clause 1, page 2, line 5, at end insert “or |
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| | (c) | the coercion of a patient.” |
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| | Member’s explanatory statement
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| | See explanatory statement for Amendment 40. |
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| Clause 1, page 2, leave out lines 14 and 15 |
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| Clause 1, page 2, leave out lines 16 and 17 |
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| Clause 1, page 2, line 17, at end insert— |
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| | ““Coercion” means the use or threat of force, with the intention of causing |
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| | fear, alarm or distress to control a patient’s behaviour or elicit |
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| | compliance with the application of a use of force.” |
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| | Member’s explanatory statement
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| | See explanatory statement for Amendment 40. |
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| Clause 2, page 2, line 20, leave out “a relevant” and insert “any” |
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| Clause 2, page 2, line 23, leave out “relevant” |
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| Clause 2, page 2, leave out line 24 and insert— |
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| | “(b) | appropriate in terms of qualifications or experience.” |
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| | Member’s explanatory statement
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| | This amendment would give relevant health organisations flexibility to appoint a responsible |
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| | person based on criteria other than seniority. |
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| Clause 2, page 2, line 24, at end insert— |
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| | “(2A) | Before appointing a responsible person, the relevant health organisation must |
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| | consult any persons that the organisation considers appropriate.” |
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| | Member’s explanatory statement
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| | This amendment would require relevant health organisations to consult before appointing a |
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| Clause 2, page 2, line 25, leave out “relevant” |
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| Clause 3, page 2, line 29, after “publish”, insert “in print, with or without any other |
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| | Member’s explanatory statement
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| | This amendment would require a relevant health organisation’s policy to be published in hard |
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| | copy so it is accessible to people in the unit, and not just online. |
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| Clause 3, page 2, line 30, leave out “force” and insert “restraint” |
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| Clause 3, page 2, line 32, leave out “relevant” |
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| Clause 3, page 2, line 35, leave out “any” and insert “persons who appear to the |
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| responsible person to represent the interests of patients and any other” |
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| | Member’s explanatory statement
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| | This amendment would ensure that patient representatives are consulted in the development of the |
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| | policy before it is published. |
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| Clause 3, page 2, line 41, leave out “any” and insert “persons that appear to the |
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| responsible person to represent the interests of patients and any other” |
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| | Member’s explanatory statement
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| | This amendment would ensure that patient representatives are consulted on any substantial |
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| Clause 3, page 3, line 2, at end insert— |
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| | “(6A) | A policy published under this section must set out that the use of force will only |
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| | be used without the sole intention of inflicting pain, suffering or humiliation, or |
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| | subjecting patients to tortuous, inhumane or degrading treatment, or without |
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| | inflicting punishment or intimidation.” |
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| | Member’s explanatory statement
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| | This amendment would prevent the use of force with the sole intention of causing suffering or harm |
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| | to a patient, in line with the Mental Health Act code of practice and the UN Convention against |
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| | Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. |
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| Clause 3, page 3, line 3, leave out from “out” to end of line 4 and insert— |
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| | “(a) | a description of each of the methods of restraint that may be used in the |
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| | (b) | what steps will be taken to reduce and minimise the use of force in the |
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| | mental health unit by staff who work in the unit; |
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| | (c) | a description of the techniques to be used for avoiding or reducing the use |
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| | of force in the mental health unit by staff who work in the unit; and |
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| | (d) | a commitment to reducing the overall use of force in the mental health |
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| | Member’s explanatory statement
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| | This amendment would require mental health units to commit to reducing the overall use of force, |
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| | and increase transparency about how they intend to achieve this and what types of force they |
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| Clause 3, page 3, line 4, leave out “force” and insert “restraint” |
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| Clause 4, page 3, line 7, leave out “force” and insert “restraint” |
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| Clause 4, page 3, line 8, at end insert— |
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| | “(1A) | Information under subsection (1) must include a patient’s right to advocacy and |
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| | how to access an advocate.” |
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| | Member’s explanatory statement
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| | This amendment would ensure that people’s legal rights to advocacy, under existing provisions, |
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| | are communicated to them in relation to the use of force. |
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| Clause 4, page 3, line 13, after “patient,” insert— |
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| | “(aa) | to any person appearing to be the patient’s nearest relative within |
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| | the meaning of section 26(3) of the Mental Health Act 1983, if |
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| | that person is in the unit,”. |
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| | Member’s explanatory statement
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| | This amendment would ensure that a patient’s nearest relative is provided with the information |
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| | published under subsection (1) if they are in the unit. |
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| Clause 4, page 3, line 16, at end insert— |
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| | | “unless the patient (where paragraph (a) applies) or the other person (where |
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| | paragraph (b) applies) refuses the information.” |
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| | Member’s explanatory statement
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| | This allows for cases where a person refuses the information provided, and supersedes subsections |
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| Clause 4, page 3, line 22, leave out subsection (5) and insert— |
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| | “(5) | The responsible person must take whatever steps are reasonably practicable to |
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| | ensure that the patient is aware of the information and understands it.” |
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| | Member’s explanatory statement
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| | This expands the duty to provide information accessibly so that it requires the responsible person |
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| | to take whatever steps are reasonably practicable to ensure the patient understands. |
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| Clause 4, page 3, line 33, leave out subsections (9) and (10) |
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| | Member’s explanatory statement
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| | Subsections (9)(a) and (10)(a) are superseded by Amendment 1. Subsections (9)(b) and (10)(b) are |
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| | unnecessary as the information will not be of a nature that would cause distress. |
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| Clause 4, page 3, line 36, leave out “the responsible person considers that” |
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| Clause 4, page 3, line 42, leave out “the responsible person considers that” |
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| Clause 5, page 4, line 3, leave out “force” and insert “restraint” |
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| Clause 5, page 4, line 3, at end insert— |
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| | “(1A) | The Secretary of State must publish quality standards for training provided under |
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| | (1B) | The Secretary of State may delegate the publication of quality standards for |
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| | training under subsection (2).” |
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| | Member’s explanatory statement
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| | This amendment would require training on the use of force to comply with quality standards. |
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| Clause 5, page 4, line 6, after “patients” insert “and their families” |
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| Clause 5, page 4, line 9, leave out paragraph (c) |
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| Clause 5, page 4, line 11, leave out “force” and insert “restraint” |
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| Clause 5, page 4, line 12, leave out “force” and insert “restraint” |
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