106 STAT. 2418 PUBLIC LAW 102-484—OCT. 23, 1992 (C) The member shall be evaluated by a psychiatrist or a physician within two business days after admittance, to determme if continued hospitalization and treatment is justified or if the member should be released from the facility. (D) If a determination is made that continued hospitalization and treatment is jiistified, the member must be notified orallv and in writing of the reasons for such determination. (E) A review of the admission of the member and the appropriateness of continued hospitalization and treatment shall oe conducted in accordance with procedures set forth in the regulations as required under paragraph (3). (3) The revised regulations shall include procedures for the review referred to in paragraph (2)(E). Such procedures shall— (A) specify the appropriate party (or parties) who is outside the individual's immediate chain of command and who is neutral and disinterested to conduct the review; (B) specify the appropriate procedure for conducting the review; (C) require that the member have the right to representation in such review by an attorney of the member's choosing at the member's expense, or by a judge advocate; (D) specify the periods of time within which the review and any subsequent reviews should be conducted; (E) specify the criteria to be used to determine whether continued treatment or discharge from the facility is appropriate; (F) require the party or parties conducting the review to assess whether or not the mental health evaluation was used in an inappropriate, punitive, or retributive manner in violation of this section; and (G) require that an assessment made pursuant to subparagraph (F) that the mental health evaluation was used in a manner in violation of this section shall be reported to the Inspector General of the Department of Defense and included by the Inspector General as part of the Inspector General's annual report. (e) CONSTRUCTION. —Nothing in the regulations prescribed under this section shall be construed to discourage referrals for appropriate menttil health evaluations when circumstances suggest the need for such action. (0 PROHIBITION AGAINST THE USE OF REFERRALS FOR MENTAL HEALTH EVALUATIONS TO RETALIATE AGAINST WHISTLEBLOWERS.— (1) The revised regulations required by subsection (a) shall provide that no person may refer a member of the Armed Forces for a mental health evaluation as a reprisal for making or preparing a lawful communication of the type described in section 1034(c)(2) of title 10, United States Code, and applicable regulations. For purposes of this subsection, such commumcation also shall include a commimication to any appropriate authority in the chain of command of the member. (2) Such revisions shall provide that an inappropriate referral for a mental health evaluation, when taken as a reprisal for a communication referred to in paragraph (1), may be the basis for a proceeding under section 892 of title 10, United States Code. Persons not subject to the Uniform Code of Military Justice who fail to comply with the provisions of this section are subject to adverse administrative action.
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