---
kind: "section"
citation: "42 U.S.C. § 10851"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10851"
heading: "Construction of subchapters I and II; “individual with mental illness” defined"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10851"
units:
  - "Chapter 114 — Protection and Advocacy for Individuals with Mental Illness"
  - "Subchapter III — Construction"
---

# §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.
- (b) For purposes of this section, the term “individual with mental illness” has the same meaning as in [section 10802(3)](/usc/42/10802.md?p=3)[^1] of this title.

## Footnotes

[^1]: See References in Text note below.

## 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.)

## Notes

### Editorial Notes

### References in Text

Section 10802(3) of this title, referred to in subsec. (b), was redesignated section 10802(4) of this title by Pub. L. 102–173, § 4(1), Nov. 27, 1991, 105 Stat. 1217.

### Amendments

1991—Pub. L. 102–173, substituted “individuals with mental illness” for “mentally ill individuals” in subsec. (a) and “individual with mental illness” for “mentally ill individual” in subsec. (b).