42 USC § 10851 - Construction of subchapters I and II; “individual with mental illness” defined

---
identifier: "/us/usc/t42/s10851"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 10851 - Construction of subchapters I and II; “individual with mental illness” defined"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "10851"
section_name: "Construction of subchapters I and II; “individual with mental illness” defined"
chapter_number: 114
chapter_name: "PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS"
subchapter_number: "III"
subchapter_name: "CONSTRUCTION"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 99–319, title III, § 301, May 23, 1986, 100 Stat. 489; Pub. L. 102–173, § 10, Nov. 27, 1991, 105 Stat. 1219.)"
---


# § 10851. Construction of subchapters I and II; “individual with mental illness” defined

**(a)** Subchapters I and II shall not be construed as establishing any new rights for individuals with mental illness.

**1** For purposes of this section, the term “individual with mental illness” has the same meaning as in section 10802(3) [^1] of this title.

See References in Text note below.

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**Source Credit**: (Pub. L. 99–319, title III, § 301, May 23, 1986, 100 Stat. 489; Pub. L. 102–173, § 10, Nov. 27, 1991, 105 Stat. 1219.)

## Editorial Notes

### References in Text

, referred to in subsec. (b), was redesignated  by , , .

### Amendments

1991—, substituted “individuals with mental illness” for “mentally ill individuals” in subsec. (a) and “individual with mental illness” for “mentally ill individual” in subsec. (b).