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rs-title-28•Title 28 — Mental Health
This Chapter may be cited as the "Behavioral Health Law".
Acts 2017, No. 369, §2.
Whenever used in this Title, the masculine shall include the feminine, the singular shall include the plural, and the following definitions apply:
(1)(a) "Addictive disorder" is a primary, chronic neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. An addictive disorder is characterized by behaviors that include one or more of the following:
(i) Impaired control over drug use.
(ii) Compulsive use.
(iii) Continued use despite harm.
(iv) Cravings.
(b) Addictive disorders include mood-altering behaviors or activities or process addictions. Examples of process addictions include, without limitation, gambling, spending, shopping, eating, and sexual activity.
(2) "Behavioral health" is a term used to refer to both mental health and substance use.
(3) "Client" refers to a recipient of services who has been charged with or convicted of a crime and who requires special protection and restraint in a forensic treatment facility.
(4) "Conditional discharge" means the physical release of a judicially committed person from a treatment facility by the director or administrator or by the court. The patient may be required to report for outpatient treatment as a condition of his release. The judicial commitment of such persons shall remain in effect for a period of up to one hundred twenty days and during this time the person may be hospitalized involuntarily for appropriate medical reasons upon court order.
(5) "Court" means any duly constituted district court or court having family or juvenile jurisdiction. "Court" does not include a city court, which shall have no jurisdiction to commit persons to mental health treatment facilities in civil or criminal proceedings, except when exercising juvenile jurisdiction.
(6) "Dangerous to others" means the condition of a person whose behavior or significant threats support a reasonable expectation that there is a substantial risk that he will inflict physical harm upon another person in the near future.
(7) "Dangerous to self" means the condition of a person whose behavior, significant threats or inaction supports a reasonable expectation that there is a substantial risk that he will inflict physical or sever emotional harm upon his own person.
(8) "Department" means the Louisiana Department of Health.
(9) "Diagnosis" means the art and science of determining the presence of disease in an individual and distinguishing one disease from another.
(10) "Director" or "administrator" means a person in charge of a treatment facility or his deputy.
(11) "Discharge" means the full or conditional release from a treatment facility of any person admitted or otherwise detained under this Chapter.
(12) "Formal voluntary admission" means the admission of a person suffering from mental illness or a substance-related or addictive disorder desiring admission to a treatment facility for diagnosis or treatment of such condition who may be formally admitted upon his written request. Such persons may be detained following a request for discharge pursuant to R.S. 28:52.2.
(13) "Gravely disabled" means the condition of a person who is unable to provide for his own basic physical needs, such as essential food, clothing, medical care, or shelter, as a result of serious mental illness or a substance-related or addictive disorder and is unable to survive safely in freedom or protect himself from serious physical harm or significant psychiatric deterioration. The term also includes incapacitation by alcohol, which means the condition of a person who, as a result of the use of alcohol, is unconscious or whose judgment is otherwise so impaired that he is incapable of realizing and making a rational decision with respect to his need for treatment.
(14) "Legal guardian" means a person judicially or statutorily designated with the duty and authority to make decisions in matters having a permanent effect on the life and development of the individual on whose behalf the guardianship is established.
(15) "Local governing entity" means an integrated human services delivery system with local accountability and management and which provides behavioral health and developmental disabilities services through local human services districts and authorities.
(16) "Major surgical procedure" means an invasive procedure of a serious nature with incision upon the body or parts thereof under general, local, or spinal anesthesia, utilizing surgical instruments, for the purpose of diagnosis or treatment of a medical condition. Diagnostic procedures, including but not limited to the following, shall not be considered as major surgical procedures:
(a) Endoscopy through natural body openings, such as the mouth, anus, or urethra, to view the trachea, bronchi, esophagus, stomach, pancreas, small or large intestine, urethra, urinary bladder, or ureters, and to obtain from such organs specimens of fluids or tissues for chemical or microscopic analysis.
(b) Sub-cutaneous percutaneous liver biopsy.
(c) Punch biopsy of skeletal muscles.
(d) Bone marrow biopsy.
(e) Lumbar puncture.
(f) Myelogram.
(g) Thoracocentesis.
(h) Abdominocentesis.
(i) Conization of the uterine cervix.
(j) Renal angiography.
(k) Femoral angiography.
(l) Carotid angiography.
(m) Vertebral angiography.
(17) "Medical psychologist" means a psychologist who has undergone specialized training in clinical psychopharmacology and has passed a national proficiency examination in psychopharmacology approved by the Louisiana State Board of Medical Examiners and who holds a current and valid license from the Louisiana State Board of Medical Examiners. For the purposes of this Chapter a medical psychologist shall have at least three years training, primary experience, or both, in diagnosis and treatment of mental illness.
(18) "Mental health advocacy service" means a service established by the state of Louisiana for the purpose of providing legal counsel and representation for persons with mental illness or substance-related or addictive disorders and for ensuring that the legal rights of those persons are protected.
(19) "Minor" means a person under eighteen years of age.
(20) "Parent" means a person who is the biological mother or father of an individual or the legally adoptive mother or father of an individual.
(21) "Patient" means any person detained and taken care of as a person who has a mental illness or person who is suffering from a substance-related or addictive disorder.
(22) "Peace officer" means any sheriff, police officer, or other person deputized by proper authority to serve as a peace officer.
(23) "Person of legal age" means any person eighteen years of age or older.
(24) "Person who has a mental illness" means any person with a psychiatric disorder which has substantial adverse effects on his ability to function and who requires care and treatment. It does not refer to a person with, solely, an intellectual disability; or who suffers solely from epilepsy or a substance-related or addictive disorder.
(25) "Petition" means a written civil complaint filed by a person of legal age alleging that a person has a mental illness or is suffering from a substance-related or addictive disorder and requires judicial commitment to a treatment facility.
(26) "Physician" means an individual licensed to practice medicine by the Louisiana State Board of Medical Examiners in active practice or an individual in a post-graduate medical training program of an accredited medical school in Louisiana or a medical officer similarly qualified by the government of the United States while in the state in the performance of his official duties.
(27) "Primary care provider" means the principal, treating health care professional, excluding a physician, or psychiatrist, rendering mental health care services to a person including a psychologist, medical psychologist, or psychiatric mental health nurse practitioner.
(28) "Psychiatric deterioration" means a decline in mental functioning, which diminishes the person's capacity to reason or exercise judgment.
(29) "Psychiatric mental health nurse practitioner" means an advanced practice registered nurse licensed to practice as a nurse practitioner or clinical nurse specialist by the Louisiana State Board of Nursing, in accordance with the provisions of R.S. 37:911 et seq., who focuses clinical practice on individuals, families, or populations across the life span at risk for developing or having a diagnosis of psychiatric disorders, mental health problems, or both. A psychiatric mental health nurse practitioner means a specialist who provides primary mental health care to patients seeking mental health services in a wide range of settings. Primary mental health care provided by a psychiatric mental health nurse practitioner involves the continuous and comprehensive services necessary for the promotion of optimal mental health, prevention and treatment of psychiatric disorders, and health maintenance. Such primary health care includes the assessment, diagnosis, and management of mental health problems and psychiatric disorders. A psychiatric mental health nurse practitioner means a provider of direct mental health care services who synthesizes theoretical, scientific, and clinical knowledge for the assessment and management of both health and illness states and who is licensed to practice as a nurse practitioner in Louisiana in accordance with R.S. 37:911 et seq. For purposes of this Chapter, a psychiatric mental health nurse practitioner shall have at least two years of training, primary experience, or both in diagnosis and treatment of mental illness. For purposes of this Chapter, a psychiatric mental health nurse practitioner shall also have authority from the Louisiana State Board of Nursing to prescribe legend and certain controlled drugs in accordance with the provisions of R.S. 37:913(3)(b), (8), and (9).
(30) "Psychiatrist" means a physician who has at least three years of formal training or primary experience in the diagnosis and treatment of mental illness.
(31) "Psychologist" means an individual licensed to practice psychology in Louisiana in accordance with R.S. 37:2351 et seq., or licensed to practice medical psychology in Louisiana in accordance with R.S. 37:1360.51 et seq., and who has been engaged in the practice of a clinical specialty for not less than three years.
(32) "Respondent" means a person alleged to have a mental illness or be suffering from a substance-related or addictive disorder and for whom an application for commitment to a treatment facility has been filed.
(33) "Restraint" means the partial or total immobilization of any or all of the extremities or the torso by mechanical means for psychiatric indications. Restraint does not include the use of mechanisms usually and customarily used during medical or surgical procedures, including but not limited to body immobilization during surgery and arm immobilization during intravenous administration. Restraint does not include orthopedic appliances used to posturally support the patient, such as posies.
(34) "Seclusion" means the involuntary confinement of a patient alone in a room where the patient is physically prevented from leaving for any period of time, except that seclusion does not include the placement of a patient alone in a room or other area for no more than thirty minutes at a time and no more than three hours in any twenty-four-hour period pursuant to behavior-shaping techniques, such as "time-out".
(35) "State psychiatric hospital" means a public, state-owned and operated inpatient facility for the treatment of mental illness and substance-related and addictive disorders.
(36) "Substance-related disorders" encompass disorders relating to the use of drugs in any of the following classes, which are not fully distinct:
(a) Alcohol.
(b) Caffeine.
(c) Cannabis.
(d) Hallucinogens, with separate categories for phencyclidine or similarly acting arylcyclohexylamines and for other hallucinogens.
(e) Inhalants.
(f) Opioids.
(g) Sedatives, hypnotics, and anxiolytics.
(h) Stimulants, including amphetamine-type substances and cocaine.
(i) Tobacco.
(j) Other or unknown substances.
(37) "Substance use disorder" refers to a pattern of symptoms resulting from use of a substance which the individual continues to take, despite experiencing problems as a result. Substance use disorders occur when the recurrent use of alcohol, drugs, or both causes clinically and functionally significant impairment, such as health problems, disability, and failure to meet major responsibilities at work, school, or home. Substance use disorder is based on evidence of impaired control, social impairment, risky use, and pharmacological criteria. The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, allows clinicians to specify how severe the substance use disorder is, depending on how many symptoms are identified. Based on a set of eleven criteria, two or three symptoms indicate a mild substance use disorder, four or five symptoms indicate a moderate substance use disorder, and six or more symptoms indicate a severe substance use disorder.
(38) "Transfer" means the removal of a patient from one mental institution to another without any procedure for admission other than is prescribed by the department.
(39) "Treatment" means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. Treatment includes but is not limited to hospitalization, partial hospitalization, outpatient services, examination, diagnosis, training, the use of pharmaceuticals, and other services provided for patients by a treatment facility.
(40)(a) "Treatment facility" means any public or private hospital, retreat, institution, mental health center, or facility licensed by the state in which any person who has a mental illness or person who is suffering from a substance-related or addictive disorder is received or detained as a patient or client. The term includes Veterans Administration and public health hospitals and forensic facilities. "Treatment facility" includes but is not limited to the following, and shall be selected with consideration of first, medical suitability; second, least restriction of the person's liberty; third, nearness to the patient's usual residence; fourth, financial or other status of the patient; and fifth, patient's expressed preference, except that such considerations shall not apply to forensic facilities:
(i) Public and private behavioral health services providers licensed pursuant to R.S. 40:2151 et seq.
(ii) Licensed residential treatment facilities.
(iii) Public or private nursing homes.
(iv) Public or private general hospitals.
(v) Public or private psychiatric hospitals.
(vi) Forensic facilities.
(b) Clients in custody of the Department of Public Safety and Corrections may be admitted to forensic facilities by emergency certificate provided that judicial commitment proceedings are initiated during the period of treatment at the forensic facility authorized by emergency certificate. Judicial commitments, however, may be made to any of the facilities listed in Subparagraph (a) of this Paragraph except forensic facilities. However, in the case of any involuntary hospitalization as a result of such emergency certificate for a substance-related or addictive disorder or in the case of any judicial commitment as the result of a substance-related or addictive disorder, such commitment or hospitalization may be made to any of the facilities listed in Subparagraph (a) of this Paragraph, except forensic facilities, provided that such facility has a substance-related or addictive disorder inpatient operation maintained separate and apart from any mental health inpatient operation at such facility.
(c) "Treatment facility" shall not include a jail or prison of any kind, or any facility under the control or supervision of the Department of Public Safety and Corrections unless the facility has been designated by the Louisiana Department of Health and the Department of Public Safety and Corrections as a treatment facility pursuant to R.S. 15:830.1(B); however, a jail or prison shall not be construed as a forensic facility. Only adult inmates sentenced to the Department of Public Safety and Corrections may be admitted to a treatment facility designated pursuant to R.S. 15:830.1(B).
Amended by Acts 1972, No. 154, §2; Acts 1974, No. 294, §1; Acts 1976, No. 614, §2, eff. Aug. 4, 1976; Acts 1977, No. 714, §1; Acts 1978, No. 680, §1; Acts 1978, No. 782, §1, eff. July 17, 1978; Acts 1978, No. 786, §33, eff. July 17, 1978; Acts 1979, No. 767, §1; Acts 1982, No. 308, §1; Acts 1982, No. 501, §1; Acts 1983, No. 448, §1; Acts 1985, No. 197, §1., eff. July 6, 1985; Acts 1987, No. 96, §2; Acts 1992, No. 120, §1; Acts 1995, No. 1287, §1, eff. June 29, 1995; Acts 1997, No. 985, §1; Acts 2006, No. 271, §3; Acts 2006, No. 664, §1; Acts 2009, No. 251, §7, eff. Jan. 1, 2010; Acts 2012, No. 418, §1; Acts 2013, No. 220, §10, eff. June 11, 2013; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §§2, 7; Acts 2018, No. 206, §1; Acts 2021, No. 238, §2; Acts 2021, No. 372, §1; Acts 2022, No. 271, §1; Acts 2022, No. 382, §1.
The provisions of this Chapter apply to persons who are suffering from mental illness or substance-related or addictive disorders. Nothing in this Chapter referring to costs shall be construed to defer or prevent the care of a person in a state psychiatric hospital or state treatment facility, nor his release therefrom.
Amended by Acts 1954, No. 701, §1; Acts 1978, No. 680, §1; Acts 2017, No. 369, §2.
A. A healthcare professional or healthcare provider that provides behavioral health services shall accept documents, records, photos, testimonials, and other significant health-related collateral information provided by a patient's family member, caregiver, friend, or healthcare professional. The materials shall be included in a patient's medical record.
B. The provisions of this Section shall not apply in the event that the healthcare professional or healthcare provider believes that acceptance and inclusion of the information in the medical record is not relevant to the patient's care or treatment.
Acts 2024, No. 737, §1.
This Part shall be known and may be cited as the "Behavioral Health Services Preservation Act".
Acts 2012, No. 506, §1; Acts 2017, No. 369, §2.
It is the intent of the legislature to preserve vital state funding for behavioral health services to ensure delivery of and access to quality care for those in desperate need of such services throughout the state. Many citizens in the state have limited access to behavioral health services because of the massive cuts, both federal and state, in behavioral health funding. The legislature also finds that the provision of high-quality behavioral health services, regardless of setting, is of overriding importance. The state wholly supports efforts to assist individuals suffering from serious and persistent mental illness, substance-related or addictive disorders, or both in their efforts to participate fully in society. As such, the Louisiana Department of Health, referred to hereafter in this Part as the "department", should streamline the delivery of behavioral health services through the prudent allocation of existing resources. The department will improve the safety and health of individuals, families, and communities by providing leadership and establishing and participating in partnerships for the continuation of behavioral health services throughout the state, including cooperative agreements, mergers, joint ventures, and consolidations among behavioral health care facilities. Consumer and advocate participation in the process can only aid in the delivery of services to those most in need. To improve the quality of services available and promote treatment, which often involves the rehabilitation, recovery, and reintegration of persons suffering from mental illness, substance-related or addictive disorders, or both, the state should secure adequate funding for behavioral health services and require state departments to exercise fiscal responsibility in the allocation of these resources.
Acts 2012, No. 506, §1; Acts 2017, No. 369, §2.
In the operational management of the office of behavioral health, the department may guarantee the efficient and effective use and retention of the state's scarce behavioral health resources to adequately provide for the peace, health, safety, and general welfare of the public, by ensuring the following:
(1) Accountability of efficient and effective services through state-of-the-art quality and performance measures and statewide standards for monitoring quality of service and performance and reporting of quality of service and performance information. These processes may be designed so as to maximize the use of available resources for direct care of people who have a mental illness or a substance-related or addictive disorder and to assure uniform data collection across the state.
(2) Creation and implementation of minimum service delivery standards.
(3) Coordination of integration of services offered by department and behavioral health communities, including the office of behavioral health and its respective contract providers, involved in the delivery of mental and behavioral health treatment, along with local systems and groups, public and private, such as state psychiatric hospitals, public health organizations, parish authorities, child protection, and regional support networks, aimed at reducing duplication in service delivery and promoting complementary services among all entities that provide behavioral health services to adults and children throughout the state.
(4) Implementation of a system of reimbursement by the Medical Assistance Program to private hospitals and to state hospitals for covered Medicaid services that, to the extent possible, allocates funding in the areas of the state based on needs, population, and acuity level as determined by the department. The system of reimbursement provided for in this Paragraph may be subject to approval by the Centers for Medicare and Medicaid Services.
(5) Recognition of the respective local governing entities of the state as a focal point of all behavioral health planning activities, including budget submissions, grant applications, contracts, and other arrangements that can be effected at the state and local levels.
(6) Performance by state agencies licensing and monitoring contracted providers in the most cost-efficient and effective manner with limited duplication and disruption to organizations providing services.
(7) Adequate research and evaluation regarding the effectiveness of services being provided and achievement of outcome measures.
Acts 2012, No. 506, §1; Acts 2017, No. 369, §2.
A. The department may ensure that all current and future funds are expended in the most cost-effective manner and services are provided in accordance with recommended best practices subject to state oversight to ensure accountability to taxpayers and the public. The department may evaluate existing proposed expenditure plans for behavioral health services and determine the best use of such funds to achieve positive policy outcomes in the behavioral health community. This effort may involve the use of innovative methods of expanding the reach of current funding and securing increased local, regional, state, federal, or private source funding in the future. The department may develop methods for estimating the need for behavioral health services in certain regions of the state, with special attention to underfunded and inaccessible programs, and allocate state funds or resources according to that need.
B. The state may continue to provide funding for behavioral health services that are not less than the existing allocations from the state general fund.
Acts 2012, No. 506, §1; Acts 2017, No. 369, §2.
A. The department may develop goals, objectives, and priorities for the creation of innovative programs which promote and improve the behavioral health of the citizens of the state by making treatment and support services available to those persons who are most in need and least able to pay. These programs may achieve the following:
(1) Increase access to underserved groups.
(2) Increase the quality of services, including better outcomes.
(3) Promote interagency collaboration by improving the integration and effectiveness of state agencies responsible for behavioral health care.
(4) Increase access to services.
(5) Ensure cost-effectiveness of services.
(6) Encourage delivery of services more efficiently and effectively.
(7) Mitigate the cost of the delivery of services.
(8) Increase effectiveness of treatment and management strategies.
(9) Promote emerging best practices and increased quality of care in the delivery of behavioral health services.
B. The department may collaborate with behavioral health advocates, clinicians, physicians, professional organizations, local governing entities, local citizens, consumers, and family members in the planning, designing, and implementation of innovative mental and behavioral health service programs and priorities in their respective regions throughout the state.
Acts 2012, No. 506, §1; Acts 2017, No. 369, §2.
A. The legislature hereby finds and declares that residents of Louisiana may require appropriate care for mental illness or developmental disabilities. However, the resources and staffing available to the department may be inadequate to provide care to all persons.
B. Notwithstanding any other provision of law to the contrary, no person shall be admitted to a department facility, whether admission or services are sought voluntarily, by court order, or by commitment, unless the person meets the criteria of rules promulgated by the department. Said rules shall not violate standards of commitment and the selection of a treatment facility as set forth in R.S. 28:2 through 171.
Acts 2003, No. 1249, §1, eff. July 1, 2003; Acts 2017, No. 369, §2.
A. For purposes of this Part, "state psychiatric hospital" refers to the hospital at Jackson, known as the Eastern Louisiana Mental Health System, and the hospital at Pineville, known as the Central Louisiana State Hospital, which are designated as the hospitals for persons who have a mental illness or a substance-related or addictive disorder until such time as separate or other hospitals are established. The assistant secretary of the office of behavioral health of the department may reorganize and consolidate the administration of the hospitals or facilities.
B. The assistant secretary of the office of behavioral health of the department may establish residential settings as satellite facilities to these hospitals from funds presently allocated or to be allocated to these hospitals by the legislature.
C. Any site designated under this Section shall comply with any applicable local and state building or zoning ordinances and laws.
D. Any site selected by the assistant secretary must be approved by the local governing authority.
E. Repealed by Acts 2009, No. 384, §4, eff. July 1, 2010.
Amended by Acts 1954, No. 701, §1; Acts 1978, No. 678, §1; Acts 1997, No. 174, §1; Acts 2001, No. 193, §1, eff. May 31, 2001; Acts 2009, No. 384, §§2, 4, eff. July 1, 2010; Acts 2017, No. 369, §2.
A. The Louisiana Department of Health is authorized to accept indigent patients suffering from co-occurring substance-related or addictive disorders and to give such patients the care and treatment required.
B. The purpose of this Section is to recognize substance-related and addictive disorders as a sickness or disease and to place those suffering from it in the same position relative to obtaining treatment as persons suffering from other diseases.
Added by Acts 1952, No. 288, §§1 to 3; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
A. The Legislature of Louisiana finds that appropriate crisis identification and stabilization services, including a coordinated system of entry into the crisis system, is critical to successful recovery for people in behavioral crisis. The legislature further finds that successful crisis identification and stabilization services will most successfully be developed and maintained through collaboration between the state, local communities, and stakeholders of the crisis system.
B. Each human service district, authority, local governing entity, or region of the Louisiana Department of Health shall develop a plan to do all of the following:
(1) Operate a crisis network utilizing existing resources and coordinating interjurisdictional services to develop efficient and effective crisis response services to serve all individuals in each region, district, or authority twenty-four hours a day, seven days a week.
(2) Provide skilled clinical interventions to help prevent suicides, homicides, unnecessary hospitalizations, and arrests or detentions and to reduce dangerous or threatening situations involving individuals in need of behavioral health services.
(3) Respond quickly and effectively to community crisis situations.
C. Each crisis response system will be designed by a local collaborative which shall include but not be limited to:
(1) The local provider of mental health, substance-related or addictive disorders, and developmental disability services.
(2) The local office of the coroner of that region, district, or authority.
(3) The local emergency medical services system.
(4) The local law enforcement departments.
(5) A representative of the consumer community.
(6) A representative of the mental health advocacy community.
(7) A representative of the local public and private hospital emergency department.
D. Each local crisis system shall adopt standards for the collection of all relevant information related to an individual's entry into the crisis system so as to develop a knowledge base of the events leading to the crisis, including psychosocial and biological factors. Relevant information shall be obtained from the individual, first responders, other professionals, and providers who have knowledge of the crisis event or events leading to the crisis. The crisis system shall also include the development of an intervention plan which considers the immediate needs of the individual. The community crisis response may include but shall not be limited to:
(1) Crisis support and counseling.
(2) Medical intervention.
(3) Environmental interventions and crisis stabilization.
(4) Review, follow-up, and referral.
(5) Monitoring and evaluation.
(6) Liaison, advocacy, consultation, and collaboration.
E.(1) The Louisiana Department of Health, in consultation with local planning collaboratives, shall develop a plan for establishment and implementation, subject to appropriation, of regional crisis receiving centers in each region, district, and authority of the state which shall receive, examine, triage, refer, or treat people in behavioral health crisis. The crisis receiving centers shall be a component of each crisis response system, and the department shall consult with the local collaboratives in developing standards for licensure.
(2) The number of crisis receiving centers in each region shall be determined by the department based upon factors such as population, population density, and capacity of each facility. Crisis receiving centers may be located in hospitals, mental health facilities, or other health care facilities, or may be freestanding.
(3) Crisis receiving centers shall be licensed by the department as provided by Part VI-F of Chapter 11 of Title 40 of the Louisiana Revised Statutes of 1950. The department is authorized to promulgate rules and regulations necessary to establish such centers.
(4) In parishes served by human service districts or authorities, the department shall contract with the district or authority for placement and operation of crisis receiving centers. The district or authority may operate the centers, or contract with community organizations for the operation of the centers and services within the centers.
(5) Crisis receiving centers shall be accessible to any person regardless of their residence or whether the authority presenting the person is located outside the region where the receiving center is located.
Acts 2008, No. 447, §1, eff. June 25, 2008; Acts 2017, No. 369, §2.
Repealed by Acts 2017, No. 369, §7.
A. Community behavioral health clinics are facilities operating as behavioral health services providers as defined in R.S. 40:2153 and licensed by the department pursuant to the provisions of R.S. 40:2151 et seq. Community behavioral health clinics may be operated or contracted by local governing entities and may be a component of the crisis response system.
B. Community behavioral health clinics are differentiated from community mental health centers, which are certified by the federal government and defined by 42 CFR 410.2 as entities that provide certain services as described in the Public Health Service Act and meet federal criteria for operation and reimbursement.
Added by Acts 1962, No. 160, §1. Amended by Acts 1964, No. 294, §1; Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
Persons or their responsible relatives who are able to pay all or a part of the cost of their maintenance or treatment or both at the units named in R.S. 28:22 through R.S. 28:22.5 shall reimburse the department to the extent of their ability to pay at rates to be fixed by the department.
Added by Acts 1962, No. 160, §1. Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978.
A. The department may establish and administer geriatric hospitals or units to receive and care for persons who are elderly or infirm who have been discharged by a hospital for persons who have a mental illness and for other persons who are elderly or infirm and in need of nursing and medical care. Such hospitals or units may be established on sites designated by the department, provided that no such geriatric hospital or unit may be established on any site located more than five air miles from the administrative office of Eastern Louisiana Mental Health System or more than one air mile from the administrative office of Central Louisiana State Hospital. Persons admitted to such geriatric hospitals or units or their responsible relatives shall pay the cost of their maintenance and care.
B. The geriatric hospital at Jackson, Louisiana, known as Villa Feliciana, is created and established, which hospital shall be under the administration of the Louisiana Department of Health. The hospital shall hereafter be designated as Villa Feliciana Medical Complex.
Added by Acts 1962, No. 160, §1. Amended by Acts 1967, No. 91, §1; Acts 1972, No. 253; Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 1987, No. 617, §1; Acts 1993, No. 170, §1, eff. May 31, 1993; Acts 1997, No. 641, §1; Acts 2006, No. 465, §1, eff. June 15, 2006; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
A. The names of the following state developmental centers for persons with developmental disabilities are designated as follows:
(1) Pinecrest Supports and Services Center.
(2) Northwest Supports and Services Center.
(3) North Lake Supports and Services Center.
(4) Central Louisiana Supports and Services Center.
B. Under such names, these facilities shall continue to serve as centers for persons with developmental disabilities.
Acts 1985, No. 813, §2; Acts 1991, No. 253, §1, eff. July 2, 1991; Acts 2007, No. 325, §1, eff. July 9, 2007; Acts 2012, No. 232, §1, eff. May 22, 2012; Acts 2019, No. 411, §2, eff. June 20, 2019.
The name of the Hammond Mental Health Center is changed to the Rosenblum Mental Health Center and under such name it shall continue to serve as an outpatient center for the care, treatment, and rehabilitation of persons who have a mental illness and persons with intellectual or developmental disabilities at the region level.
Acts 1986, No. 776, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
Repealed by Acts 2017, No. 369, §7.
The department may establish psychiatric inpatient units in state-owned or state-contracted general hospitals for the emergency and temporary care of cases of acute mental illness.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 1999, No. 466, §1, eff. June 18, 1999; Acts 2017, No. 369, §2.
Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978
A. At hospitals that it may designate, the department may provide facilities for the care and confinement of patients who have a mental illness and who require close confinement in the interest of themselves and of the public.
B. The department shall designate places of confinement for patients of dangerous tendencies and for clients charged with or convicted of a crime who require special protection and restraint.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
A. The forensic unit at Eastern Louisiana Mental Health System is hereby declared to be a separate and distinct facility from East Louisiana State Hospital and hereafter shall be known as the Feliciana Forensic Facility.
B. The department may establish additional forensic facilities for the treatment of forensic patients in New Orleans, Baton Rouge, Shreveport, and Alexandria as funds are appropriated by the legislature.
C.(1)(a) The director or administrator of any such facility shall admit only those persons:
(i) Determined to be incompetent prior to trial and committed on recommendation of a sanity commission.
(ii) Found not guilty by reason of insanity.
(iii) Transferred from state correctional institutions.
(iv) Who were judicially committed after being charged with a criminal offense and found incompetent to stand trial.
(v) Judicially committed to and transferred from any hospital for persons who have a mental illness or substance-related or addictive disorder.
(b) A transfer from any other hospital shall be had only after the director or administrator of the transferring facility, in concurrence with two psychiatrists, has determined and certified in writing to such forensic facility that the person to be transferred is dangerous to others and that the transferring facility cannot adequately protect its staff and patients from such person.
(c) The decision to transfer shall not be made until after the person who is proposed to be transferred has had an opportunity to be heard regarding his actions upon which the proposed transfer is based by the director or administrator and two concurring psychiatrists.
(d) For purposes of this Section, a person shall be determined "dangerous to others" when said person has attempted to cause serious injury or harm to a patient or staff person on at least one occasion and the likelihood is that said person will cause such injury again if he is allowed to remain in the facility requesting the transfer.
(2)(a) The administrator of the Feliciana Forensic Facility shall refuse admission to any person if:
(i) Admission of the person would cause overcrowding of the facility.
(ii) The facility is unable to provide appropriate care or treatment for the person.
(iii) The person is not accompanied by a file containing a history of the person's mental and physical health and documents required pursuant to Articles 648.1 and 654.1 of the Code of Criminal Procedure.
(iv) The person from a hospital or correctional institution is not accompanied by a summary of the facts presented at the hearing at which the person objected to his transfer to the forensic facility and a summary of the person's objections.
(b) If the person refused admission is being held in a parish jail, the Louisiana Department of Health shall pay to the parish sheriff, or to the parish governing authority of any parish in which the governing authority operates the parish jail, an amount equal to the sum paid to the parishes by the Department of Public Safety and Corrections for keeping and feeding state inmates under the provisions of R.S. 15:824(B)(1). This sum shall be paid from the day the inmate is committed to the facility until the person is accepted by the facility or the order of commitment is rescinded by the court. The department shall, in addition, reimburse the sheriff or parish governing authority for the cost of any medical treatment occasioned by the reasons for the commitment, provided the treatment is not provided by a state operated facility. The payments required by this Subparagraph shall be made monthly based upon reports filed by the sheriff.
(3) The Feliciana Forensic Facility shall be free to return a patient to the original institution when, in the opinion of the Feliciana Forensic Facility administrator, the patient has received the maximum benefit of treatment at the Feliciana Forensic Facility.
(4) When the administrator of Feliciana Forensic Facility fails to obey an order or judgment of a court committing a person to said facility, the court shall consider the following before it holds him in contempt: whether the failure is (a) due to the inability to comply with the order or judgment because of inability to offer adequate or appropriate care or treatment, (b) because of overcrowding at the facility, or (c) because obeying the order or judgment would cause the administrator to violate an outstanding court order or judgment.
D. The department may contract with local law enforcement agencies and the Department of Public Safety and Corrections to provide security personnel for clients placed in such forensic units, or other facilities to which such clients may be temporarily referred for medical treatment.
Added by Acts 1979, No. 763, §1; Acts 1979, No. 768, §1. Amended by Acts 1980, No. 687, §2; Acts 1981, No. 581, §1; Acts 1982, No. 208, §1, eff. July 15, 1982; Acts 1991, No. 47, §1; Acts 1992, No. 620, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
A. Notwithstanding any other provision of law to the contrary, including any provision of the Code of Criminal Procedure, the administrator of the Feliciana Forensic Facility, in his discretion, may grant any client committed to his custody a pass or furlough from the facility, except those clients who are under commitment to the Department of Public Safety and Corrections.
B. The administrator shall not grant any client a pass or furlough for release from the facility except upon the recommendation of the client's treating psychiatrist and with prior approval of the committing court. The administrator may impose conditions on a pass or furlough. Any pass or furlough granted shall be for a fixed period of time.
Acts 1987, No. 585, §1; Acts 2017, No. 369, §2.
A.(1) No forensic psychiatric hospital issued an initial license after August 1, 2024, shall be constructed, located, or established within one thousand feet of a public or private elementary or secondary school or any site on which a public or private elementary or secondary school was formerly located.
(2) This Subsection shall not apply to a forensic psychiatric hospital issued an initial license before August 1, 2024, that seeks to renew its license.
B. Nothing in this Section shall be construed to prohibit a local governing authority from prescribing by rule or ordinance any additional requirements for facilities provided for in Subsection A of this Section.
Acts 2024, No. 588, §1, eff. June 11, 2024.
The legislature finds that there is a need for a secured residential facility for any person found not guilty of a crime by reason of insanity or found incompetent to stand trial after such person has been released from a state forensic facility. Historically, all secured residential facilities have been overseen by the Department of Children and Family Services under its authority to regulate traditional adult residential care homes. Nevertheless, it is now more appropriate and efficient for the Louisiana Department of Health to license and regulate secured residential facilities serving forensic clients due to the mental health issues of the residents, the fact that the individuals are discharged from forensic hospitals operated by the Louisiana Department of Health, and the security issues involved at such facilities. Thus, the licensing of secured residential facilities serving forensic clients shall be transferred from the Department of Children and Family Services to the Louisiana Department of Health and licensed as forensic supervised transitional residential and aftercare facilities in accordance with this Part. The licensing of all other adult residential care homes shall remain in the Department of Children and Family Services pursuant to R.S. 40:2151 through 2161.
Acts 2008, No. 332, §1, eff. June 17, 2008.
As used in this Part:
(1) "Department" means the Louisiana Louisiana Department of Health.
(2) "Forensic clients" means persons transitioned from a forensic facility established pursuant to R.S. 28:25.1(A) or (B).
(3) "Forensic supervised transitional residential and aftercare facility" means an agency, business, institution, society, corporation, person or persons, or any other group, licensed by the department to provide supervised transitional residential and aftercare services to forensic clients including persons in court-ordered conditional release status. A forensic supervised transitional residential and aftercare facility shall provide clients referred by forensic facilities or under court-ordered forensic conditional release with individualized services to develop daily living skills and to prepare for vocational adjustment and reentry into the community.
Acts 2008, No. 332, §1, eff. June 17, 2008.
A. No agency, business, institution, society, corporation, person or persons, or any other group providing services as a forensic supervised transitional residential and aftercare facility may be established or operated or be reimbursed under the Medicaid program for such services unless licensed to perform such services by the department.
B. A license issued to a forensic supervised transitional residential and aftercare facility shall:
(1) Be valid for only one geographic location and issued only for the person and premises named in the license application.
(2) Be valid for one year from the date of issuance, unless revoked or suspended prior to that date.
(3) Expire on the last day of the twelfth month after the date of issuance, unless otherwise renewed, or as set forth in rules promulgated by the department.
(4) Be on a form prescribed by the department.
(5) Not be transferrable or assignable.
(6) Be posted in a conspicuous place on the licensed premises.
Acts 2008, No. 332, §1, eff. upon the final adoption of the necessary rules and regulations promulgated by DHH.
A. The licensing agency of the department is hereby authorized and directed to promulgate and publish rules, regulations, and licensing standards in accordance with the Administrative Procedure Act to provide for the licensure of forensic supervised transitional residential and aftercare facilities, to provide for the health, safety, and welfare of persons receiving services from such facilities or providers, and to provide for the safe operation of such facilities or providers. The rules, regulations, and licensing standards shall become effective upon approval of the secretary of the department in accordance with the Administrative Procedure Act. These rules, regulations, and licensing standards shall have the effect of law.
B. The licensing agency of the department shall prescribe, promulgate, and publish rules, regulations, and licensing standards to include but not be limited to the following:
(1) Licensure application and renewal application procedures and requirements.
(2) Operational and personnel requirements.
(3) Practice standards to assure quality of care.
(4) Practice standards to assure the health, safety, welfare, rights, and comfort of patients, clients, and persons receiving services.
(5) Survey and complaint investigations.
(6) Initial license, renewal of license, full license, and provisional license.
(7) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals therefrom.
(8) Planning, construction, design, and implementation of the facility or provider to ensure the health, safety, welfare, rights, and comfort of patients, clients, and persons receiving services.
(9) Such other regulations or standards as will ensure proper care and treatment of patients, clients, and persons receiving services.
C. The secretary of the department is further authorized to set and collect fees for the licensure of forensic supervised transitional residential and aftercare facilities. The license fees shall not exceed the costs of licensure and shall not exceed two hundred fifty dollars in addition to other fees established by the legislature.
Acts 2008, No. 332, §1, eff. June 17, 2008.
A. Each application for licensure of a forensic supervised transitional residential and aftercare facility shall be submitted to the department on forms provided by the licensing agency and shall contain such information as that agency may require. Additional information required by the licensing agency shall be provided by the applicant as requested.
B. Each application for licensure shall be accompanied by a nonrefundable license fee in the amount set by the licensing agency in accordance with R.S. 28:34.
C.(1) Following receipt of the completed application and licensing fee, the licensing agency shall perform an on-site survey and inspection. If, after the on-site survey and inspection, the licensing agency finds that the facility or provider meets the requirements established and the licensing standards adopted by the department, a license shall be issued.
(2) The licensing agency may perform an on-site inspection at reasonable times as necessary to ensure compliance by the facility.
Acts 2008, No. 332, §1, eff. June 17, 2008.
A. As a condition for renewal of a license, the licensee shall submit to the licensing agency a completed annual renewal application on forms prescribed by the licensing agency and shall contain such information as required by the agency; additionally a nonrefundable, annual renewal licensing fee shall be submitted with the annual renewal application. Upon receipt of the completed annual renewal application and the annual renewal licensing fee, the licensing agency shall determine if the facility or provider continues to meet the requirements established and the licensing standards adopted by the department. The licensing agency may perform an on-site survey and inspection upon annual renewal. If the facility or provider continues to meet the requirements established and the licensing standards adopted by the department, a license shall be issued which is valid for one year.
B. Any person, partnership, corporation, unincorporated association, or other legal entity currently operating or planning to operate a forensic supervised transitional residential and aftercare facility and who is licensed by the department shall be assessed a delinquent fee of two hundred fifty dollars for failure to timely renew its license. This fee shall be assessed for each day of such offense and shall be in addition to any renewal or other applicable fee. The delinquent fee described in this Subsection shall be assessed and shall become due and payable to the department at 12:01 a.m. on the first day following the expiration date of the license.
Acts 2008, No. 332, §1, eff. upon the final adoption of the necessary rules and regulations promulgated by DHH.
A. A forensic supervised transitional residential and aftercare facility shall not operate without a license issued by the licensing agency. Any such facility or provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars for each day of operation without a license up to a maximum of one thousand dollars. Each day of violation shall constitute a separate offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement.
B. If a forensic supervised transitional residential and aftercare facility is operating without a license issued by the licensing agency, the department shall have the authority to issue an immediate cease and desist order to that facility or provider. Any such facility or provider receiving such a cease and desist order from the department shall immediately cease operations until such time as that provider is issued a license by the applicable licensing agency.
C. The department shall seek an injunction in the Nineteenth Judicial District Court against any facility or provider who receives a cease and desist order from the department under Subsection B of this Section and who does not cease operations immediately.
Acts 2008, No. 332, §1, eff. upon the final adoption of the necessary rules and regulations promulgated by DHH.
The underlying policy of this Chapter is as follows:
(1) That persons who have a mental illness and persons suffering from a substance-related or addictive disorder be encouraged to seek voluntary treatment.
(2) That any involuntary treatment or evaluation be accomplished in a setting which is medically appropriate, most likely to facilitate proper care and treatment that will return the patient to the community as soon as possible, and is the least restrictive of the patient's liberty.
(3) That continuity of care for persons who have a mental illness and persons suffering from a substance-related or addictive disorder be provided.
(4) That mental health and substance-related and addictive disorder treatment services be delivered as near to the place of residence of the person receiving such services as is reasonably possible and medically appropriate.
(5) That individual rights of patients be safeguarded.
(6) That no person solely as a result of mental illness, substance-related or addictive disorder, or incapacitation by alcohol shall be confined in any jail, prison, correctional facility, or criminal detention center. This shall not apply to persons arrested, charged, or convicted under Title 14 of the Louisiana Revised Statutes of 1950.
(7) That no person shall be denied treatment solely because he has withdrawn from treatment against medical advice on a prior occasion or because he has relapsed after an earlier treatment.
Added by Acts 1954, No. 701, §2. Amended by Acts 1966, No. 482, §1; Acts 1968, No. 238, §1; Acts 1977, No. 714, §1; Acts 1979, No. 767, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
A. The director of a treatment facility, subject to the availability of suitable accommodations, shall receive for observation, diagnosis, care, and treatment, any person whose admission is authorized under any of the procedures provided for in R.S. 28:52 through R.S. 28:54 and R.S. 28:64.
B. The failure by any director to obey an order or judgment committing a patient to a treatment facility shall not be construed as contempt of any court, if it appears that the failure to obey is due to the inability to comply with the order or judgment because medically suitable accommodations for the patient are unavailable.
C. The Louisiana Department of Health, through its hospitals, behavioral health clinics, and similar facilities, may direct petitioners and other persons to appropriate resources regarding petitions for commitment, requests for protective custody orders, and requests for emergency certificates upon request of such persons.
Amended by Acts 1954, No. 701, §1; Acts 1966, No. 482, §1; Acts 1977, No. 714, §1; Acts 1979, No. 181, §1, eff. July 3, 1979; Acts 2017, No. 369, §2; Acts 2017, No. 369, §2.
A.(1) Notwithstanding any provision of the law to the contrary, the governing body of a treatment facility, as defined in R.S. 28:2, may grant staff membership, specifically delineated institutional privileges, or both, to any duly licensed, certified, or registered healthcare provider in accordance with the needs and bylaws of the treatment facility, including but not limited to a physician, psychiatrist, psychologist, medical psychologist, or psychiatric mental health nurse practitioner, as defined in R.S. 28:2.
(2) Staff membership, specifically delineated institutional privileges, or both, granted to a medical psychologist shall be conditioned upon all of the following requirements:
(a) The applicant medical psychologist shall have a valid, current, unrestricted license issued to him by the Louisiana State Board of Medical Examiners.
(b) The applicant medical psychologist shall prescribe medications in the treatment facility only in consultation, collaboration and concurrence with the patient's primary or attending physician or psychiatrist and only in accordance with the treatment facility's staff membership or privilege granting process and restrictions, if any.
(c) The patient's primary or attending physician or psychiatrist shall have staff membership, institutional privileges, or both, at the treatment facility.
(3) Staff membership, specifically delineated institutional privileges, which may include the ability to prepare and execute orders for the admission of patients to a treatment facility, or both, granted to a psychiatric mental health nurse practitioner shall be conditioned upon all of the following requirements:
(a) The applicant psychiatric mental health nurse practitioner shall have a valid, current, collaborative practice agreement, as defined in R.S. 37:913(9), with a psychiatrist.
(b) The applicant psychiatric mental health nurse practitioner shall have a valid, current, and unrestricted advanced practice registered nurse license, as a nurse practitioner or clinical nurse specialist, issued by the Louisiana State Board of Nursing, and have been granted limited prescriptive authority pursuant to LAC 46:XLVII.4513.
(c) The applicant psychiatric mental health nurse practitioner's collaborating physician shall have staff membership, institutional privileges, or both, at the treatment facility.
(d) The applicant psychiatric mental health nurse practitioner shall prescribe medications or the use of seclusion or restraint on patients in the treatment facility only in accordance with the collaborative practice agreement and in accordance with the treatment facility's staff membership or privilege-granting process and restrictions, if any.
B. Nothing in this Section shall be construed to require the governing body of a treatment facility to grant staff membership, specifically delineated institutional privileges, or both, to any applicant health care provider, provided that each such applicant is considered on an individual basis regarding his qualifications.
C. Nothing in this Section shall be construed to prohibit the governing body of a treatment facility from granting or denying staff membership, specifically delineated institutional privileges, or both, on the basis of individual character, competence, experience and judgment of the applicant health care provider seeking staff membership, or specifically delineated institutional privileges, or both, from requiring the character recommendation of not more than three members of the staff for which membership is sought as a prerequisite to consideration for staff membership or specifically delineated clinical privileges.
D. "Governing body" for purposes of this Section, means the group or the individual ultimately responsible for a treatment facility's general policies with respect to staff membership and professional clinical privileges and shall include but not be limited to a board of trustees, a board of directors, a board of governors, a board of managers, a medical board, a medical director or any other official of the treatment facility with comparable responsibilities.
Acts 2006, No. 664, §1; Acts 2009, No. 251, §7, eff. Jan. 1, 2010; Acts 2017, No. 369, §2; Acts 2021, No. 238, §2; Acts 2021, No. 373, §1; Acts 2022, No. 271, §1.
A. Any person who has a mental illness or person who is suffering from a substance-related or addictive disorder may apply for voluntary admission to a treatment facility.
B. Admitting physicians and psychiatric mental health nurse practitioners who are acting in accordance with a collaborative practice agreement are encouraged to admit persons who have a mental illness or persons suffering from a substance-related or addictive disorder to treatment facilities on voluntary admission status whenever medically feasible.
C. No director or administrator of a treatment facility shall prohibit any person who has a mental illness or person who is suffering from a substance-related or addictive disorder from applying for conversion of involuntary or emergency admission status to voluntary admission status. Any patient on an involuntary admission status shall have the right to apply for a writ of habeas corpus in order to have his admission status changed to voluntary status.
D. No employee of a mental health care program or treatment facility, peace officer, physician, or psychiatric mental health nurse practitioner shall state to any person that involuntary admission may result if such person does not voluntarily admit himself to a mental health care program or treatment facility unless the employee, peace officer, physician, or psychiatric mental health nurse practitioner is prepared to execute a certificate pursuant to R.S. 28:53 or a petition pursuant to R.S. 28:54.
E. Each person admitted on a voluntary basis shall be informed of any other medically appropriate alternative treatment programs and treatment facilities known to the admitting physician or psychiatric mental health nurse practitioner who is acting in accordance with a collaborative practice agreement and be given an opportunity to seek admission to alternative treatment programs or facilities.
F. Every patient admitted on a voluntary admission status shall be informed in writing at the time of admission of the procedures for requesting release from the treatment facility, the availability of counsel, information about the mental health advocacy service, the rights enumerated in R.S. 28:171, and rules and regulations applicable to or concerning his conduct while a patient in the treatment facility. If the person is illiterate or does not read or understand English, appropriate provisions shall be made to supply him this information. In addition, a copy of the information listed in this Subsection shall be posted in any area where patients are confined and treated.
G.(1) No admission may be deemed voluntary unless the admitting physician or psychiatric mental health nurse practitioner who is acting in accordance with a collaborative practice agreement determines that the person to be admitted has the capacity to make a knowing and voluntary consent to the admission.
(2) Knowing and voluntary consent shall be determined by the ability of the individual to understand all of the following:
(a) That the treatment facility to which the patient is requesting admission is one for persons who have a mental illness or persons suffering from a substance-related or addictive disorder.
(b) That he is making an application for admission.
(c) The nature of his status and the provisions governing discharge or conversion to an involuntary status.
H.(1) Voluntary patients may receive medications or treatment, but no major surgical procedure or electroshock therapy may be performed upon such patient, without the patient's written and informed consent. If it is determined by the director of the treatment facility that a voluntary patient has become incapable of making an informed consent for such procedure, he shall apply to a court of competent jurisdiction for a determination of the patient's specific incompetence to give informed consent for the procedure. If the director, in consultation with two physicians, determines that the condition of a voluntary patient who is incapable of informed consent is of such critical nature that it may be life-threatening unless major surgical procedures or electroshock treatment is administered, the emergency measures may be taken without the consent otherwise provided for in this Section.
(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, any licensed physician may administer medication to a patient without his consent and against his wishes in a situation which, in the reasonable judgment of the physician who is observing the patient during the emergency, constitutes a psychiatric or behavioral emergency. For purposes of this Paragraph a "psychiatric or behavioral emergency" occurs when a patient, as a result of mental illness, a substance-related or addictive disorder, or intoxication, engages in behavior which, in the clinical judgment of the physician, places the patient or others at significant and imminent risk of damage to life or limb. The emergency administration of medication may be continued until the emergency subsides, but in no event shall it exceed forty-eight hours, except on weekends or holidays when it may be extended for an additional twenty-four hours.
(b) The physician shall make a reasonable effort to consult with the primary physician or primary care provider outside the facility that has previously treated the patient for his behavioral health condition at the earliest possible time, but in no event more than forty-eight hours after the emergency administration of medication has begun, except on weekends or holidays, when the time period may be extended an additional twenty-four hours. The physician shall record in the patient's file either the date and time of the consultation and a summary of the comments of the primary physician or primary care provider or, if the physician is unable to consult with the primary physician or primary care provider, the date and time that a consultation with the primary physician or primary care provider was attempted.
Amended by Acts 1952, No. 152, §1; Acts 1954, No. 701, §1; Acts 1972, No. 154, §1; Acts 1976, No. 614, §1, eff. Aug. 4, 1976; Acts 1977, No. 714, §1; Acts 1992, No. 798, §1, eff. July 7, 1992; Acts 1993, No. 891, §1, eff. June 23, 1993; Acts 2001, No. 192, §1; Acts 2006, No. 664, §1; Acts 2012, No. 418, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1; Acts 2021, No. 373, §1.
Repealed by Acts 2017, No. 369, §7.
A. Any person who has a mental illness or person who is suffering from a substance-related or addictive disorder desiring admission to a treatment facility for diagnosis or treatment of a psychiatric disorder or a substance-related or addictive disorder and who is deemed suitable for formal voluntary admission by the admitting physician or psychiatric mental health nurse practitioner who is acting in accordance with a collaborative practice agreement may be so admitted upon his written request.
B. A patient admitted under the provisions of this Section shall not be detained in the treatment facility for longer than seventy-two hours after making a valid written request for discharge to the director or administrator of the treatment facility unless an emergency certificate is executed pursuant to R.S. 28:53, or unless judicial commitment is instituted pursuant to R.S. 28:54.
Added by Acts 1977, No. 714, §1; Acts 2012, No. 418, §1; Acts 2017, No. 369, §2; Acts 2021, No. 373, §1.
A. A person who has a mental illness or person who is suffering from a substance-related or addictive disorder who does not have the capacity to make a knowing and voluntary consent to a voluntary admission status and who does not object to his admission to a treatment facility may be admitted to a treatment facility as a noncontested admission. Such person shall be subject to the same rules and regulations as a person admitted on a voluntary admission status and his treatment shall be governed by the provisions of R.S. 28:52(H).
B. A noncontested admission may be made by a physician or psychiatric mental health nurse practitioner who is acting in accordance with a collaborative practice agreement to a treatment facility in order to initiate a complete diagnostic and evaluative study. The diagnosis and evaluation shall include complete medical, social, and psychological studies and, when medically indicated, any other scientific study which may be necessary in order to make decisions relative to the treatment needs of the patient. In the absence of specified medical reasons, the diagnostic studies shall be completed in fourteen days. Alternative community-based services shall be thoroughly considered.
C. Following a review of the diagnostic evaluation study, the director or administrator of the treatment facility shall determine if the person is to remain on noncontested status, is to be discharged, is to be converted to formal voluntary status, or is to be involuntarily hospitalized pursuant to R.S. 28:53 or R.S. 28:54. Nothing in this Section shall be interpreted to prohibit the director of a treatment facility from transferring the patient to another treatment facility when it is medically indicated.
D. A person admitted pursuant to this Section may object to his admission at any time. If the person informs a staff member of his desire to object to his admission, a staff member shall assist him in preparing and submitting a valid written objection to the director or administrator of the treatment facility. Upon receipt of a valid objection, the director or administrator shall release the person within seventy-two hours unless proceedings are instituted pursuant to R.S. 28:53 or R.S. 28:54.
E. In no case shall a patient remain on noncontested status longer than three months. Within that time, the patient must be converted to a formal voluntary status, be involuntarily hospitalized pursuant to R.S. 28:53 or R.S. 28:54, or be discharged.
Added by Acts 1977, No. 714, §1. Amended by Acts 1978, No. 782, §1, eff. July 17, 1978; Acts 2012, No. 418, §1; Acts 2017, No. 369, §2; Acts 2021, No. 373, §1.
A. A person suffering from a substance-related or addictive disorder may be admitted and detained at a hospital or other treatment facility for observation, diagnosis, and treatment for a medically necessary period when a parent, spouse, legal guardian, or the major child of the person if that child has attained the age of eighteen years has admitted the person or caused him to be admitted pursuant to the provisions of R.S. 28:53.2.
B. At the time of admission of the person, the parent, spouse, legal guardian, or the major child of the person if that child has attained the age of eighteen years shall execute or provide a written statement of facts, including personal observations, leading to the conclusion that the person is suffering from a substance-related or addictive disorder and is dangerous to himself or others or is gravely disabled, specifically describing any dangerous acts or threats, and stating that the person has been encouraged to seek treatment but is unwilling to be evaluated on a voluntary basis.
C. As soon as practicable, but in no event more than twelve hours after admission to the hospital or other treatment facility, a physician shall examine the person and either execute an emergency certificate in accordance with R.S. 28:53(B) or order the person discharged. If an emergency certificate is executed, the physician or the director or administrator of the hospital or other treatment facility shall immediately notify the coroner, and the coroner or his deputy shall conduct an independent examination, in accordance with R.S. 28:53(G). If the coroner or his deputy executes a second emergency certificate, the person may be detained for treatment for a medically necessary period. Otherwise, he shall be discharged.
D. Except as inconsistent with the provisions of this Section, all other provisions of this Part applicable to persons admitted by emergency certificate shall be applicable to persons admitted pursuant to this Section.
Added by Acts 1981, No. 755, §1; Acts 2017, No. 369, §2.
A.(1) A person who has a mental illness or a person who is suffering from a substance-related or addictive disorder may be admitted and detained at a treatment facility for observation, diagnosis, and treatment for a period not to exceed fifteen days under an emergency certificate.
(2) A person suffering from a substance-related or addictive disorder may be detained at a treatment facility for one additional period, not to exceed fifteen days, provided that a second emergency certificate is executed. A second certificate may be executed only if and when a physician at the treatment facility and any other physician have examined the detained person within seventy-two hours prior to the termination of the initial fifteen-day period and certified in writing on the second certificate that the person remains dangerous to himself or others or gravely disabled, and that his condition is likely to improve during the extended period. The director shall inform the patient of the execution of the second certificate, the length of the extended period, and the specific reasons therefor, and shall also give notice of the same to the patient's nearest relative or other designated responsible party initially notified pursuant to Subsection F of this Section.
B.(1) Any physician licensed or permitted by the Louisiana State Board of Medical Examiners, physician assistant when acting in accordance with his respective clinical practice guidelines, psychiatric mental health nurse practitioner, other nurse practitioner who acts in accordance with a collaborative practice agreement and receives verbal approval for executing the certificate from his collaborating physician, or psychologist may execute an emergency certificate only after an actual examination of a person alleged to have a mental illness or be suffering from a substance-related or addictive disorder who is determined to be in need of immediate care and treatment in a treatment facility because the examining physician, physician assistant when acting in accordance with his respective clinical practice guidelines, psychiatric mental health nurse practitioner, other nurse practitioner who acts in accordance with a collaborative practice agreement and receives verbal approval for executing the certificate from his collaborating physician, or psychologist determines the person to be dangerous to self or others or to be gravely disabled. The actual examination of the person by a psychiatrist, psychologist, medical psychologist, or psychiatric mental health nurse practitioner may be conducted by telehealth utilizing video conferencing technology, provided that a licensed healthcare professional who can adequately and accurately assist with obtaining any necessary information including but not limited to the information listed in Paragraph (4) of this Subsection shall be in the examination room with the patient at the time of the video conference. A patient examined in such a manner shall be medically cleared prior to admission to a mental health treatment facility. Failure to conduct an examination prior to the execution of the certificate will be evidence of gross negligence.
(2) The certificate shall state:
(a) The date of the physician's, physician assistant's, psychiatric mental health nurse practitioner's, other nurse practitioner's or psychologist's examination of the person, which shall not be more than seventy-two hours prior to the date of the signature of the certificate.
(b) The objective findings of the physician, physician assistant when acting in accordance with their respective clinical practice guidelines, psychiatric mental health nurse practitioner, other nurse practitioner who acts in accordance with a collaborative practice agreement and receives verbal approval for executing the certificate from his collaborating physician, or psychologist relative to the physical or mental condition of the person, leading to the conclusion that the person is dangerous to self or others or is gravely disabled as a result of a substance-related or addictive disorder or mental illness.
(c) The history of the case, if known.
(d) The determination of whether the person examined is in need of immediate care and treatment in a treatment facility because the patient is any of the following:
(i) Dangerous to himself.
(ii) Dangerous to others.
(iii) Gravely disabled.
(e) That the person is unwilling or unable to seek voluntary admission or is willing to seek voluntary admission upon arrival at the treating facility.
(3) The certificate shall be dated and executed under the penalty of perjury, but need not be notarized. The certificate shall be valid for seventy-two hours and shall be delivered to the director of the treatment facility where the person is to be further evaluated and treated.
(4) In the case of an emergency certificate issued pursuant to an examination conducted by telehealth pursuant to Paragraph (1) of this Subsection and Paragraph (J)(1) of this Section, the licensed healthcare professional present during the actual examination shall be responsible for obtaining, recording, and attaching to the emergency certificate the following information regarding the video conference:
(a) The date.
(b) The starting and ending times.
(c) The names of all persons who were in the room and the type of license issued to the health care professional.
(d) The physical address of both the examining psychiatrist and the patient when the video conference was conducted.
(5) If the certificate states that the person is willing to seek voluntary admission upon arrival at the treating facility, the person shall be assessed pursuant to the provisions of R.S. 28:52 or 52.2, as applicable, at the time of the initial psychiatric evaluation at the treating facility.
C. A patient may request the director of the treatment facility to advise the executive director of the mental health advocacy service of his admission and may request representation.
D. Prior to or during confinement, under the provisions of this Title, any person or his attorney shall have the right to demand a judicial hearing to determine if probable cause exists for his continued confinement under an emergency certificate. The hearing shall be held within five days of the filing of the petition. The petition shall be filed in the court of the jurisdiction in which the patient is confined. The hearing shall be held in that court and no other except for good cause shown. If the person is confined, the judge of the court where the petition was filed may hold the hearing at the treatment facility where the person is confined if, in the opinion of the director of the treatment facility, it will be detrimental to the patient's health, welfare, or dignity to travel to the court where the petition was filed. Pending the decision of the court, the patient shall remain confined unless the court orders release or a less restrictive status.
E. The attorney of any patient in a treatment facility may review his client's medical record. If deemed essential by the attorney, portions of the record specifically required for proper representation pursuant to this Title, may be copied and given to the patient's attorney. The attorney shall return all copies of his client's medical record to the treatment facility upon completion of their use.
F. An emergency certificate shall constitute legal authority to transport a patient to a treatment facility and shall permit the director of the treatment facility to detain the patient for diagnosis and treatment for a period not to exceed fifteen days and to return the patient to the facility if the patient is absent with or without permission during authorized periods of detention. If necessary, peace officers shall apprehend and transport, or ambulance services, under appropriate circumstances, may locate and transport, a patient on whom an emergency certificate has been completed to a treatment facility at the request of either the director of the facility, the certifying physician, physician assistant when acting in accordance with their respective clinical practice guidelines, psychiatric mental health nurse practitioner, other nurse practitioner who acts in accordance with a collaborative practice agreement and receives verbal approval for executing the certificate from his collaborating physician, or psychologist, the patient's next of kin, the patient's curator, or the agency legally responsible for his welfare. In the case of an emergency certificate issued pursuant to an examination conducted by telehealth pursuant to Paragraph (B)(1) of this Section, or where the valid original is not provided to the transporter, a copy transmitted by facsimile or other electronic device shall be sufficient authority for the peace officer or ambulance worker to transport the patient to a treatment facility and for the director to accept the patient. The psychiatrist shall cause the original certificate to be deposited in the United States mail properly addressed to the director of the treatment facility by the next business day following the date of examination. The director of the treatment facility shall notify the patient's nearest relative, if known, or designated responsible party, if any, in writing of the patient's admission by emergency certificate as soon as reasonably possible.
G.(1) Upon admission of any person by emergency certificate to a treatment facility, the director of the treatment facility shall immediately notify the coroner of the parish in which the treatment facility is located of the admission, giving the following information if known:
(a) The person's name.
(b) Address.
(c) Date of birth.
(d) Name of certifying physician, psychiatric mental health nurse practitioner, or psychologist.
(e) Date and time of admission.
(f) The name and address of the treatment facility.
(2)(a) Within seventy-two hours of admission, the person shall be independently examined by the coroner or his deputy who shall execute an emergency certificate, pursuant to Subsection B of this Section, which shall be a necessary precondition to the person's continued confinement.
(b) Except as provided in Subparagraph (c) of this Paragraph, a coroner who is a physician, or his deputy who is a physician, may utilize telehealth to conduct the seventy-two-hour independent examination pursuant to this Paragraph.
(c) Except as provided in Paragraph (7) of this Subsection, if the actual examination provided for in Paragraph (B)(1) of this Section is conducted utilizing telehealth, the seventy-two-hour independent examination by the coroner or his deputy shall be conducted in person.
(3) However, in the event that the coroner has made the initial examination and executed the first emergency commitment certificate then a second examination shall be made within the seventy-two hour period set forth in this Part by any physician at the treatment facility where the person is confined.
(4) In making either the initial examination or the second examination, when the coroner or his deputy examines the person and executes an emergency certificate and a reexamination of the person and reexecution of a certificate is necessary for any reason to ensure the validity of the certificate, both the first examiner and the reexaminer shall be entitled to the fee for the service, unless they are one and the same.
(5) If, from his examination, the coroner concludes that the person is not a proper subject for emergency admission, then the person shall not be further detained in the treatment facility and shall be discharged by the director forthwith.
(6) When a person is confined in a treatment facility other than a state psychiatric hospital, the examining coroner in the parish where the patient is confined shall be entitled to the usual fee paid for this service to the coroner of the parish in which the patient is domiciled or residing. When a person is confined in a state psychiatric hospital in a parish other than his parish of domicile or residence, the examining coroner shall be entitled to the fee authorized by law in his parish for the service. In either case, the fee shall be paid and accurate records of such payments kept by the governing authority of the parish in which the patient is domiciled or residing from parish funds designated for the purpose of payment to the coroner. Each coroner shall keep accurate records showing the number of patients confined in his parish pursuant to this Section.
(7) As it relates to the parish of St. Tammany, all of the following shall apply:
(a) The coroner or deputy coroner, who is a physician, preferably a psychiatrist, may conduct an examination and execute an emergency certificate, as provided in Subparagraph (b) of this Paragraph, by telehealth utilizing video conferencing equipment, provided that all of the following are met:
(i) A licensed healthcare professional, who can adequately and accurately assist with obtaining any necessary information including but not limited to that information in Paragraph (B)(4) of this Section and where such healthcare professional will be present in the examining room with the patient at the time of the video conferencing.
(ii) The coroner or deputy coroner who is a physician, preferably a psychiatrist, shall comply with all of the provisions in Subsection F of this Section.
(b) The coroner or deputy coroner, who is a physician, preferably a psychiatrist, may conduct an examination and execute an emergency certificate, as provided in Subparagraph (a) of this Paragraph, by telehealth under all of the following circumstances:
(i) If the initial examination, pursuant to Paragraph (B)(1) of this Section, has been made in person.
(ii) If the coroner conducted the initial examination pursuant to Paragraph (3) of this Subsection by telehealth and has executed the first emergency commitment certificate, a second examination shall be made in person within the seventy-two-hour period set forth in this Part by any psychiatrist, psychiatric mental health nurse practitioner, or a psychologist at the treatment facility where the person is confined.
(c)(i) When a patient is transferred from another parish pursuant to an emergency certificate, a second physician's emergency certificate, when appropriate, shall be executed by a physician at the admitting facility.
(ii) The coroner shall be notified immediately following the execution of the second emergency certificate and shall conduct an independent examination within seventy-two hours as provided in Paragraph (2) of this Subsection, in the manner provided in accordance with Subparagraph (a) of this Paragraph.
(iii) Nothing herein shall be construed to authorize a period of commitment to exceed fifteen days from the date and time the initial emergency certificate was executed in the parish of origin.
(8) As it relates to all other parishes the following shall apply:
(a) When a patient is transferred from another parish pursuant to an emergency certificate, a second physician's emergency certificate, when appropriate, shall be executed by a physician at the admitting facility.
(b) The coroner shall be notified immediately following the execution of the second emergency certificate and shall conduct an independent examination within seventy-two hours as provided in Paragraph (2) of this Subsection, in the manner provided in accordance with Subparagraph (G)(7)(a) of this Section.
(c) Nothing herein shall be construed to authorize a period of commitment to exceed fifteen days from the date and time the initial emergency certificate was executed in the parish of origin.
H. If the patient admitted to a treatment facility pursuant to this Section is a proper candidate for judicial commitment pursuant to R.S. 28:54, the director of the treatment facility, or any interested party, may apply for such commitment under provisions of that Section. Such a patient, hospitalized on an emergency certificate, for whom a petition for judicial commitment has been filed in court may continue to be detained for a further period on order of the court.
I. Every patient admitted by emergency certificate shall be informed in writing at the time of his admission of the procedures of requesting release from the treatment facility, the availability of counsel, information about the mental health advocacy service, the rights enumerated in R.S. 28:171, and the rules and regulations applicable to or concerning his conduct while a patient in the treatment facility. If the person is illiterate or does not read or understand English, appropriate provisions shall be made to supply this information to him. In addition, a copy of the information mentioned in this Subsection shall be posted in any area where patients are confined and treated.
J.(1) Upon the request of a credible person of legal age who is financially unable to afford a private physician or who cannot immediately obtain an examination by a physician, the parish coroner may render, or the coroner or a judge of a court of competent jurisdiction may cause to be rendered by a physician, an actual examination of a person alleged to have a mental illness or be suffering from a substance-related or addictive disorder and in need of immediate medical treatment because the person is dangerous to himself or others or is gravely disabled. The actual examination of the person by a psychiatrist may be conducted by telehealth utilizing video conferencing technology, provided that a licensed healthcare professional who can adequately and accurately assist with obtaining any necessary information including but not limited to the information listed in Paragraph (B)(4) of this Section shall be in the examination room with the patient at the time of the video conference. If the coroner is not a physician, the coroner may deputize a physician to perform this examination. To accomplish the examination authorized by this Subsection, if the coroner or the judge is apprehensive that his own safety or that of the deputy or other physician may be endangered thereby, the coroner or judge shall issue a protective custody order pursuant to R.S. 28:53.2.
(2) If the examining physician determines that the standard provided in Paragraph (1) of this Subsection is met, he shall execute an emergency certificate and shall transport or cause to be transported the person named in the emergency certificate to a treatment facility. Failure to render an actual examination prior to execution of the emergency certificate shall be evidence of gross negligence.
(3) In any instance where the coroner or his deputy executes the first emergency certificate, the second emergency certificate shall not be executed by the coroner or his deputy, but the second emergency certificate may be executed by any other physician including a physician at the treatment facility. However, if the first examination by the coroner is conducted utilizing video conferencing technology, the second examination shall be conducted in person.
K.(1)(a) Patients admitted by emergency certificate may receive medication and treatment without their consent, but no major surgical procedure or electroshock therapy may be performed without the written consent of a court of competent jurisdiction after a hearing. With regard to the administration of medicine, if the patient objects to being medicated, prior to making a final decision, the treating physician shall make a reasonable effort to consult with the primary physician or primary care provider outside of the facility that has previously treated the patient for his behavioral health condition. The treating physician shall, prior to the administration of such medication, record in the patient's file either the date and time of the consultation and a summary of the comments of the primary physician or primary care provider or, if the treating physician is unable to consult with the primary physician or primary care provider, the date and time that a consultation with the primary physician or primary care provider was attempted.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, any licensed physician may administer medication to a patient without his consent and against his wishes in a situation which, in the reasonable judgment of the physician who is observing the patient during the emergency, constitutes a psychiatric or behavioral health emergency. For purposes of this Paragraph a "psychiatric or behavioral health emergency" occurs when a patient, as a result of mental illness, a substance-related or addictive disorder, or intoxication engages in behavior which, in the clinical judgment of the physician, places the patient or others at significant and imminent risk of damage to life or limb. The emergency administration of medication may be continued until the emergency subsides, but in no event shall it exceed forty-eight hours, except on weekends or holidays when it may be extended for an additional twenty-four hours.
(c) The physician shall make a reasonable effort to consult with the primary physician or primary care provider outside the facility who has previously treated the patient for his behavioral health condition at the earliest possible time, but in no event more than forty-eight hours after the emergency administration of medication has begun, except on weekends or holidays, when the time period may be extended an additional twenty-four hours. The physician shall record in the patient's file either the date and time of the consultation and a summary of the comments of the primary physician or primary care provider or, if the physician is unable to consult with the primary physician or primary care provider, the date and time that a consultation with the primary physician or primary care provider was attempted.
(2) If the director of the treatment facility, in consultation with two physicians, determines that the condition of such a patient is of such a critical nature that it may be life-threatening unless major surgical procedures or electroshock treatment is administered, such emergency measures may be performed without the consent otherwise provided for in this Section.
L.(1) A peace officer or a peace officer accompanied by an emergency medical service trained technician may take a person into protective custody and transport him to a treatment facility for a medical evaluation when, as a result of his personal observation, the peace officer or emergency medical service technician has reasonable grounds to believe the person is a proper subject for involuntary admission to a treatment facility because the person is acting in a manner dangerous to himself or dangerous to others, is gravely disabled, and is in need of immediate hospitalization to protect such a person or others from physical harm. The person may be transported only to a treatment facility as defined in R.S. 28:2.
(2)(a) Upon arrival at the treatment facility, the escorting peace officer shall then be relieved of any further responsibility and the person shall be immediately examined by a physician, preferably a psychiatrist, or a psychiatric mental health nurse practitioner who is acting in accordance with a collaborative practice agreement who shall determine if the person shall be voluntarily admitted, admitted by emergency certificate, or discharged.
(b) If a peace officer transports a person to a treatment facility and no emergency certificate for that person has been issued in accordance with the provisions of this Section, then only a psychiatrist may admit the person to the facility.
(3) In the case of a person suffering from a substance-related or addictive disorder and where no treatment facility is available, the peace officer and emergency medical service technician may use whatever means or facilities available to protect the health and safety of the person suffering from a substance-related or addictive disorder until such time as a treatment facility becomes available. In taking a person into protective custody the peace officer and emergency medical service technician may take reasonable steps to protect themselves. A peace officer or emergency medical service technician who acts in compliance with this Section is acting in the course of his official duty and shall not be subject to criminal or civil liability as a result thereof.
M. Under the provisions of this Part no person shall be placed in protective custody for a period in excess of seventy-two hours. Any person placed in protective custody under the provisions of this Part shall be considered as an inmate for maintenance purposes only.
N.(1) Public and private general hospitals and their personnel who provide services in good faith for commitments defined in this Part shall not be liable for damages suffered by the patient as a result of the commitment or damages caused by the patient during the term of the commitment, unless the damage or injury was caused by willful or wanton negligence or gross misconduct. This limitation of liability shall only apply to public and private general hospital personnel who within the preceding twelve-month period have received appropriate training in nonviolent crisis intervention and such training has been documented in their personnel files. The training shall be provided by an instructor who has attended a course in crisis intervention taught by a certified instructor.
(2) The provisions of this Subsection shall not affect the provisions of R.S. 40:2113.6 or the Federal Emergency Medical Treatment and Active Labor Act, 42 U.S.C. 1395dd.
O.(1) For the purposes of this Chapter, "public and private general hospital personnel" shall mean all persons who provide services or furnish assistance to a public or private general hospital in connection with the operations or delivery of patient care, including employees, independent contractors, and volunteers.
(2) Notwithstanding the provisions of this Section or R.S. 28:63, "public and private general hospital personnel" does not include a physician, psychiatric mental health nurse practitioner, medical psychologist, or psychologist as defined in R.S. 28:2, for the purpose of nonviolent crisis intervention training.
P.(1) Notwithstanding any provision of law to the contrary, no claim for payment for inpatient behavioral health services provided to a person while admitted and detained in a facility that provides mental health services under an emergency certificate, issued in accordance with the provisions of this Section, shall be denied by Medicaid, an entity contracted with the state for the provision of Medicaid services, or any hospital, health, or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, contract or other agreement with a health maintenance organization or a preferred provider organization, health and accident insurance policy, or any other insurance contract of this type in this state, including a group insurance plan, a self-insurance plan, and the Office of Group Benefits programs, on the basis of medical necessity if all of the following conditions are met:
(a) Claims for payment for services issued in accordance with this Subsection shall be limited to behavioral health expenditures and shall exclude payment for non-behavioral health services or other medical expenses not directly related to the provision of behavioral health care, treatment, or services with the exception of usual and customary laboratory services necessary to monitor patient progress.
(b) The admitting physician or psychiatric mental health nurse practitioner who is acting in accordance with a collaborative practice agreement and the evaluating psychiatrist or medical psychologist shall offer the subject of the emergency certificate the opportunity for voluntary admission pursuant to R.S. 28:53.
(c) Any patient committed under an emergency certificate to inpatient treatment by a facility that provides mental health services shall be evaluated by a psychiatrist or medical psychologist in the admitting facility within twenty-four hours of arrival at the admitting facility. After the psychiatric evaluation, payment of claims shall be determined by medical necessity. For purposes of this Subsection, "admitting facility" means a crisis receiving center, acute treatment hospital or facility, distinct part psychiatric unit, or free-standing psychiatric hospital or facility.
(2) Nothing in this Subsection shall be construed or interpreted to require payment of claims in a manner other than in accordance with the terms and conditions of the health insurance contract.
(3) In the event that funding is necessary pursuant to the provisions of this Subsection, the utilization of available Community Development Block Grant (CDBG) funds shall be authorized only upon the approval of the Centers for Medicare and Medicaid Services (CMS).
Amended by Acts 1962, No. 395, §1; Acts 1972, No. 154, §1; Acts 1973, No. 80, §1; Acts 1976, No. 614, §1, eff. Aug. 4, 1976; Acts 1977, No. 714, §1; Acts 1978, No, 782, §1, eff. July 17, 1978; Acts 1979, No. 767, §1; Acts 1981, No. 500, §1; Acts 1981, Ex.Sess., No. 31, §1, eff. Nov. 19, 1981; Acts 1985, No. 392, §1; Acts 1989, No. 204, §1; Acts 1992, No. 120, §1; Acts 1992, No. 798, §1, eff. July 7, 1992; Acts 1993, No. 891, §1, eff. June 23, 1993; Acts 2001, No. 192, §1; Acts 2005, No. 480, §1; Acts 2006, No. 664, §1; Acts 2008, No. 153, §1; Acts 2010, No. 894, §1, eff. July 2, 2010; Acts 2011, 1st Ex. Sess., No. 13, §1; Acts 2012, No. 418, §1; Acts 2014, No. 685, §1; Acts 2015, No. 390, §1; Acts 2016, No. 384, §1; Acts 2017, No. 254, §1; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1; Acts 2018, No. 402, §1; Acts 2020, No. 191, §1; Acts 2021, No. 373, §1; Acts 2023, No. 322, §2, eff. Jan. 1, 2024; Acts 2023, No. 363, §1; Acts 2025, No. 61, §1; Acts 2025, No. 148, §1; Acts 2025, No. 421, §1.
If a patient is admitted for inpatient behavioral healthcare services pursuant to an emergency certificate issued in accordance with R.S. 28:53, the individual who is responsible for discharge planning at the healthcare facility where the patient has been admitted shall make a reasonable effort to do all of the following:
(1) Provide written or telephonic notification to any healthcare professional that is currently providing behavioral health services to the patient, if known, of the date and time that the patient is scheduled to be discharged unless the patient objects to that information being communicated.
(2) Provide written or telephonic notification within twenty-four hours of discharge to any healthcare professional that the patient is being referred to for follow-up behavioral health services. The healthcare professional that the patient is being referred to shall be provided with a summary of the patient's medical history and any current mental health conditions that the patient is suffering from at the time of discharge. The summary shall be transmitted no later than the date that the patient has been scheduled for follow-up behavioral services.
(3) Provide to the patient educational documents published by the Louisiana Department of Health prior to or at the time of discharge. The Louisiana Department of Health shall create and publish educational documents that provide information directed to the patient and the patient's family members, caregivers, or friends about the warning signs of self-harm and the importance of seeking behavioral health services after an admission pursuant to an emergency certificate has ended. The documentation shall instruct the patient and the patient's family members, caregivers, or friends to seek assistance from a healthcare professional to provide ongoing care and clarify that medical privacy laws do not prevent a family member, friend, or other loved one from communicating the patient's condition to a healthcare professional treating the patient.
Acts 2024, No. 737, §1.
A. Any parish coroner or judge of a court of competent jurisdiction may order a person to be taken into protective custody and transported to a treatment facility or the office of the coroner for immediate examination when a peace officer or other credible person executes a statement under private signature specifying that, to the best of his knowledge and belief, the person has a mental illness or is suffering from a substance-related or addictive disorder and is in need of immediate treatment to protect the person or others from physical harm. The statement may include the following information:
(1) A statement of facts, including the affiant's observations, leading to the conclusion that the person has a mental illness or is suffering from a substance-related or addictive disorder and is dangerous to himself or others or gravely disabled.
(2) The date and place of any dangerous acts or threats.
(3) The name and surname, if known, of any other person who is in danger.
(4) Facts showing that the person sought has been encouraged to seek treatment and is unwilling to be evaluated on a voluntary basis, and
(5) Facts showing that the affiant has attempted to contact a specific treatment facility or a specific physician in order to obtain an examination of the person sought to be treated.
B. Any parish coroner or judge of a court of competent jurisdiction may order that a person be taken into protective custody and transported to a treatment facility or the office of the coroner for immediate examination when a physician, psychiatric mental health nurse practitioner, psychologist, or assigned case manager pursuant to Part III-A of Chapter 1 of this Title presents to the coroner or judge an order of involuntary outpatient treatment, and executes a statement specifying that there is substantial evidence that the patient is not in compliance with the order and there are reasonable grounds to believe that he poses a significant risk of being a danger to self or others.
C. The order for custody shall be in writing, in the name of the state of Louisiana, signed by the district judge or parish coroner, and shall state the following:
(1) The date and hour of issuance and the municipality or parish where issued.
(2) The name of the person to be taken into custody or, if his name is not known, a designation of the person by any name or description by which he can be identified with reasonable certainty.
(3) A description of the acts or threats which have led to the belief that the person has a mental illness or is suffering from a substance-related or addictive disorder and is in need of immediate hospitalization to protect the person or others from physical harm.
(4) That the person shall be taken to a community mental health center, public or private general hospital, public or private mental hospital, coroner's office, or detoxification center.
(5) That law enforcement officers are to use reasonable and necessary precautions when appropriate, in the execution of an order for custody pursuant to Subsection A and Paragraph (G)(1) of this Section, to avoid a violent encounter with the person being taken into custody. For the purposes of this Paragraph, "reasonable and necessary precautions" include crisis management strategies.
D. The order for custody shall be effective for seventy-two hours from its issuance by the coroner or judge and shall be delivered to the appropriate law enforcement agency for execution by hand, facsimile, or other electronic means, including but not limited to e-mail. The law enforcement officer or transporting person shall deliver a copy of the order for custody to the coroner, patient, and director of the treatment facility upon execution with the date and hour that the person is taken into protective custody clearly written on the order. Without delay, and in no event more than twelve hours after being taken into protective custody, the person shall be delivered to a treatment facility or the office of the coroner or he shall be released. Upon arrival, the person in custody shall be examined immediately by the coroner or, if at a treatment facility, by a physician, preferably a psychiatrist, medical psychologist, or psychiatric mental health nurse practitioner, who shall determine if the person shall be voluntarily admitted, admitted by emergency certificate, admitted as a noncontested admission, or discharged. The person in custody shall be examined within twelve hours of his arrival at the treatment facility or coroner's office or he shall be released.
E. Coroners and assistant coroners who act in good faith to order persons to be taken into protective custody and transported for examination in accordance with this Section shall not be civilly liable for damages to such persons resulting from those actions.
F. Any person who is found guilty of executing a statement that another person has a mental illness or is suffering from a substance-related or addictive disorder and is in need of immediate treatment to protect the person or others that the affiant knows or should know is false may be imprisoned, with or without hard labor, for not more than one year, or fined not more than one thousand dollars.
G.(1) If a law enforcement officer who has announced his authority and purpose of executing an order for protective custody and examination is refused or obstructed from admittance, and a mental health professional has intervened and attempted to counsel the person regarding his voluntary surrender to no avail, any elected coroner or his support staff may apply to a court of competent jurisdiction for an order allowing a law enforcement officer to break open an outer or inner door or window of any vehicle, watercraft, aircraft, structure, or dwelling in order to restrain and transport the person subject to a request and order for protective custody examination.
(2) The application for a court order pursuant to this Subsection shall be accompanied by a copy of the order for protective custody and an affidavit of the coroner or his support staff reciting facts establishing probable cause for forcible entry. In exceptional circumstances, such facts may be relayed to the judge by telephone or other electronic communication and the order of the judge may be issued orally. In such cases, a copy of the order for protective custody and an affidavit containing the information relayed to the judge shall be provided to the judge within twenty-four hours of taking the person into protective custody. Upon the timely presentation of the copy of the order for protective custody and the affidavit, the judge shall issue a written order acknowledging receipt of the information and the issuance of an oral order allowing forcible entry.
(3) Except as provided in Paragraph (4) of this Subsection and in instances of gross negligence or willful and wanton misconduct, an elected coroner and his support staff, and the executing law enforcement agency and its officers, shall not be civilly liable for any damage or injury resulting from any act, decision, omission, communication, or any act or failure to act, made in good faith while engaged in the performance of their duty to obtain or execute the order allowing the forcible entry or the restraining or transportation of the subject for protective custody and examination.
(4) The limitation of civil liability provided for in this Subsection shall not extend to any action for the serious bodily injury or wrongful death occasioned as a result of the restraint or transportation of the person subject to the request and order for protective custody. Neither shall such limitation of civil liability extend to injuries or damages sustained by a third party who is physically injured during the execution of a request and order for protective custody. The limitation of liability provided for in this Subsection is not intended to limit or prohibit civil liability otherwise provided by law.
H.(1) Public and private general hospitals and their personnel who provide services in good faith for defined commitments in this Part shall not be liable for damages suffered by the patient as a result of the commitment or damages caused by the patient during the term of the commitment, unless the damage or injury was caused by willful or wanton negligence or gross misconduct. This limitation of liability shall only apply to public and private general hospital personnel who within the preceding twelve-month period have received appropriate training in nonviolent crisis intervention and such training has been documented in their personnel files. The training shall be provided by an instructor who has attended a course in crisis intervention taught by a certified instructor.
(2) The provisions of this Subsection shall not affect the provisions of R.S. 40:2113.6 or the Federal Emergency Medical Treatment and Active Labor Act, 42 U.S.C. 1395dd.
Added by Acts 1978, No. 782, §1, eff. July 17, 1978. Acts 1986, No. 768, §1; Acts 1990, No. 516, §1; Acts 1991, No. 907, §1; Acts 1992, No. 293, §1; Acts 2001, No. 466, §1; Acts 2003, No. 793, §1; Acts 2005, No. 409, §1; Acts 2005, No. 480, §1; Acts 2006, No. 664, §1; Acts 2008, No. 407, §1; Acts 2014, No. 53, §1; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1; Acts 2018, No. 352, §1, eff. May 20, 2018.
When a peace officer or other credible person executes a statement made to the best of his knowledge, belief, and personal observations from any law enforcement agency physically located in the city of Kenner or the towns of Jean Lafitte or Grand Isle pursuant to R.S. 28:53.2, the statement may be made by video conference between the peace officer or other credible person and the Jefferson Parish coroner's office. If the affiant is credible, qualified staff of the coroner's office shall complete an order for protective custody form based on information obtained in the video interview and immediately fax the form to the appropriate law enforcement agency. If the statement meets with the affiant's approval, the affiant shall sign the statement. The signature of the affiant shall be witnessed on the video and by a peace officer and immediately faxed to the coroner's office for the coroner's signature. Thereafter, the original signed form shall be sent to the Jefferson Parish coroner's office.
Acts 2013, No. 226, §1.
When a peace officer or other credible person executes a statement made to the best of his knowledge, belief, and personal observations from any law enforcement agency physically located in the city of Thibodaux or the town of Matthews pursuant to R.S. 28:53.2, the statement may be made by video conference between the peace officer or other credible person and the Lafourche Parish coroner's office. If the affiant is credible, qualified staff of the coroner's office shall complete an order for protective custody form based on information obtained in the video interview and immediately fax the form to the appropriate law enforcement agency. If the statement meets with the affiant's approval, the affiant shall sign the statement. The signature of the affiant shall be witnessed on the video and by a peace officer and immediately faxed to the coroner's office for the coroner's signature. Thereafter, the original signed form shall be sent to the Lafourche Parish coroner's office.
Acts 2018, No. 621, §2.
A. The department or any person of legal age may file with the court a petition which asserts his belief that a person is suffering from mental illness which contributes or causes that person to be a danger to himself or others or to be gravely disabled, or is suffering from a substance-related or addictive disorder which contributes or causes that person to be a danger to himself or others or to be gravely disabled and may thereby request a hearing. The petition may be filed in the judicial district in which the respondent is confined, or if not confined, in the judicial district where he resides or may be found. The hearing shall not be transferred to another district except for good cause shown. A petitioner who is unable to afford an attorney may seek the assistance of any legal aid society or similar agency if available.
B.(1) The petition shall contain the facts that are the basis of the assertion and provide the respondent with adequate notice and knowledge relative to the nature of the proceedings.
(2)(a) In addition, the petition shall contain the following information regarding the respondent:
(i) Name.
(ii) Date of birth.
(iii) Alias names, if any.
(iv) Social security number.
(v) Sex.
(vi) Race.
(b) If the petitioner is unable to provide any of the information listed in this Subparagraph, the petitioner shall include in the petition the reasons why that information cannot be provided.
C.(1) Upon the filing of the petition, the court shall assign a time, not later than eighteen calendar days thereafter, and a place for a hearing upon the petition, and shall cause reasonable notice thereof to be delivered at least ten days prior to the hearing to the respondent, respondent's attorney, the petitioner, and the Louisiana Department of Health, bureau of legal services. The court may overrule any objections made as to notice being delivered less than ten days prior to the hearing, if there is good cause shown as to why the notice was delivered untimely.
(2) The notice shall inform the respondent of all of the following:
(a) That he has a right to be present at the hearing.
(b) That he has a right to counsel.
(c) That he, if indigent or otherwise qualified, has the right to have counsel appointed to represent him by the Mental Health Advocacy Service.
(d) That he has the right to cross-examine witnesses testifying at any hearing on the application.
D.(1) As soon as practical after the filing of the petition, the court shall review the petition and supporting documents, and determine whether there exists probable cause to believe that the respondent is suffering from mental illness which contributes to his being or causes him to be a danger to himself or others or gravely disabled, or is suffering from a substance-related or addictive disorder which contributes to his being or causes him to be a danger to himself or others or gravely disabled. If the court determines that probable cause exists, the court shall appoint a physician, preferably a psychiatrist, or medical psychologist to examine the respondent and make a written report to the court and the respondent's attorney on the form provided by the office of behavioral health of the Louisiana Department of Health. The court-appointed physician or medical psychologist may be the respondent's treating physician or medical psychologist. The written report shall be made available to counsel for the respondent at least three days before the hearing. This report shall set forth specifically the objective factors leading to the conclusion that the person has a mental illness or suffers from a substance-related or addictive disorder, the actions or statements by the person leading to the conclusion that the mental illness or substance-related addictive disorder causes the person to be dangerous to himself or others or to be gravely disabled and in need of immediate treatment as a result of such illness or disorder, and why involuntary confinement and treatment are indicated. The following criteria should be considered by the physician or medical psychologist:
(a) The respondent is suffering from serious mental illness which contributes or causes him to be dangerous to himself or others or to be gravely disabled or from a substance-related or addictive disorder which contributes or causes him to be dangerous to himself or others or to be gravely disabled.
(b) The respondent's condition is likely to deteriorate needlessly unless he is provided appropriate medical treatment.
(c) The respondent's condition is likely to improve if he is provided appropriate medical treatment.
(2) The respondent or his attorney shall have the right to seek an additional independent medical opinion, when necessary, in their discretion. If the respondent is indigent, this opinion may be paid for by the Mental Health Advocacy Service, upon the approval of its executive director. Reasonable compensation of the appointed examining physicians and all court costs shall be established by the court and ordered paid by respondent or petitioner in the discretion of the court. If it is determined by the court that the costs shall not be borne by the respondent or the petitioner, then compensation to the physicians and all court costs shall be paid from funds appropriated to the judiciary, but such court costs shall not exceed the sum of one hundred twenty-five dollars.
(3) If the respondent refuses to be examined by the court-appointed physician or medical psychologist as herein provided, or if the judge, after reviewing the petition and an affidavit filed pursuant to R.S. 28:53.2 or the report of the treating physician or medical psychologist or the court-appointed physician or medical psychologist, finds that the respondent has a mental illness or is suffering from a substance-related or addictive disorder and is in need of immediate hospitalization to protect the person or others from physical harm, or that the respondent's condition may be markedly worsened by delay, then the court may issue a court order for custody of the respondent, and a peace officer shall deliver the respondent to a treatment facility designated by the court. The court shall also issue an order to the treatment facility authorizing detention of the respondent until the commitment hearing is completed, unless he is discharged by the director or administrator.
(4) Unless the individual is currently hospitalized or under an emergency certificate, he shall be allowed to remain in his home or other place of residence pending an ordered examination and to return to his home or other place of residence upon completion of the examination. An examining physician may execute an emergency certificate pursuant to R.S. 28:53 if he deems that action appropriate. In such a case, the respondent shall be admitted pursuant to R.S. 28:53 pending the hearing on the petition.
E.(1) Public and private general hospitals and their personnel who provide services in good faith for commitments defined in this Part shall not be liable for damages suffered by the patient as a result of the commitment or damages caused by the patient during the term of the commitment, unless the damage or injury was caused by willful or wanton negligence or gross misconduct. This limitation shall only apply to public and private general hospital personnel who within the preceding twelve-month period have received appropriate training in nonviolent crisis intervention and such training has been documented in their personnel files. The training shall be provided by an instructor who has attended a course in crisis intervention taught by a certified instructor.
(2) The provisions of this Subsection shall not affect the provisions of R.S. 40:2113.6 or the Federal Emergency Medical Treatment and Active Labor Act, 42 U.S.C. 1395dd.
Amended by Acts 1972, No. 154, §1; Acts 1977, No. 714, §1; Acts 1978, No. 782, §1, eff. July 17, 1978; Acts 1980, No. 682, §1; Acts 1982, No. 209, §1; Acts 1990, No. 204, §1; Acts 1993, No. 899, §1; Acts 2005, No. 480, §1; Acts 2013, No. 220, §10, eff. June 11, 2013; Acts 2013, No. 403, §2, eff. Jan. 1, 2014; Acts 2013, No. 404, §2, eff. Jan. 1, 2014; Acts 2014, No. 181, §1; Acts 2017, No. 369, §2; Acts 2017, No. 370, §1, eff. June 23, 2017.
A. At the appointed time, the court shall conduct a hearing on the petition for judicial commitment. Before the hearing, the respondent may move for a change of venue to the parish of his domicile, which motion shall be granted only for compelling reasons. If the respondent is confined to a hospital, the judge of the court where the petition was filed may hold the hearing on such commitment at the treatment facility where the person is confined, if in the opinion of at least one of the physicians appointed by the court to examine him, it will be detrimental to his health, welfare, or dignity to travel to the court where the petition was filed.
B. The court shall provide the respondent a reasonable opportunity to select his own counsel. In the event the respondent does not select counsel and is unable to pay for counsel, or in the event counsel selected by the respondent refuses to represent the respondent or is not available for such representation, then the court shall appoint counsel for the respondent provided by the mental health advocacy service. Reasonable compensation of appointed counsel shall be established by the court and may be ordered paid by the respondent or the petitioner in the discretion of the court if either is found financially capable. If it is determined by the court that the costs shall not be borne by the respondent or the petitioner, then compensation to the attorney shall be paid from funds appropriated to the judiciary.
C.(1) The respondent shall have the right to privately retain and pay counsel at any time. However, all respondents must be represented by counsel as early as possible in every proceeding. If attorneys are available through the Mental Health Advocacy Service, the court shall contact the Mental Health Advocacy Service and request the assignment of an attorney who will be appointed. In cases where the Mental Health Advocacy Service is unable to provide representation, the court shall select and appoint an attorney to represent the respondent, whose fee shall be set by the court.
(2) An attorney appointed to represent a person by a court pursuant to this Title has a continuing duty toward that person even after admission. That duty shall include, but not be limited to, follow-up investigation of the circumstances of the person and representation in subsequent proceedings relating to admission, status, and discharge. The duty shall continue until it is terminated by the court making the appointment.
D. On the day appointed, the hearing shall take precedence over all other matters, except pending cases of the same type, and shall be a closed hearing. The court shall conduct the hearing in as formal a manner as is possible under the circumstances and shall admit evidence according to the usual rules of evidence. Witnesses and evidence tending to show that the person who is the subject of the petition is a proper subject for judicial commitment shall be presented first. The respondent has a right to be present unless the court finds that he knowingly, voluntarily, and intelligently waives his presence. The respondent or his counsel shall have the right to present evidence and cross-examine witnesses who may testify at the hearing. If the department is not the petitioner, the department or its counsel may present evidence, call witnesses, and cross-examine any witness testifying at the hearing regarding the placement of the respondent. If the respondent is present at the hearing and is medicated, the court shall be informed of the medication and its common effects. If the respondent or his attorney notifies the court not less than three days before the hearing that he wishes to cross-examine the examining physicians, the court shall order such physicians to appear in person or by deposition. The court shall cause a recording of the testimony of the hearing to be made, which shall be transcribed only in the event of an appeal from the judgment. A copy of such transcript shall be furnished without charge, to any appellant whom the court finds unable to pay for the same. The cost of the transcript shall be paid from funds appropriated to the judicial department.
E.(1) If the court finds by clear and convincing evidence that the respondent is dangerous to self or others or is gravely disabled, as a result of a substance-related or addictive disorder or mental illness, it shall render a judgment for his commitment. After considering all relevant circumstances, including clinical recommendations and any preference of the respondent or his family, the court shall determine whether the respondent should be committed to a treatment facility which is medically suitable and least restrictive of the respondent's liberty. However, if the placement determined by the court is unavailable, the court may commit the respondent to the Louisiana Department of Health for appropriate placement subject to the availability of department resources until such time as an opening is available for transfer to the treatment facility determined by the court. If the department is not the petitioner, the parties shall first consult with the department or its counsel before entering into a judgment stipulating a commitment of the respondent to the department. When the judgment results in a commitment of the respondent to the department, either ordered by the court or through stipulation of the parties, the court shall cause reasonable notice of the judgment thereof to be delivered to the department.
(2) Following commitment of the respondent to the department, the department shall consider all of the following in determining the appropriate state treatment facility in which to place the respondent:
(a) The medical needs of the respondent.
(b) The treatment programs available at each treatment facility.
(c) The facility which would be least restrictive of the respondent's liberty.
(d) The availability of space at the respective treatment facilities.
(e) The preference of the respondent and the proximity of the respondent's family to the location of the facility.
(3) Unless prohibited by the respondent, the department shall notify the respondent's family of his placement at or transfer to a state treatment facility.
(4) The director or administrator shall notify the court in writing when a patient has been discharged or conditionally discharged.
(5) The court order shall order a suitable person to convey the respondent to the treatment facility and deliver a copy of the judgment and certificates, with the respondent, to the director or administrator. In appointing a person to execute the order, the court should give preference to a legal guardian, near relative, or friend of the respondent.
(6) The court may, if it finds it to be in the best interest of the respondent, revoke the certificate or judgment of commitment.
F. Notice of any action taken by the court shall be given to the respondent and his attorney as well as to the director or administrator of the designated treatment facility in such manner as the court concludes would be appropriate under the circumstances.
G. Each court shall keep a record of the cases relating to persons who have a mental illness coming before it under this Title and the disposition of those cases. It shall also keep on file the original petition and certificates of physicians required by this Section, or a microfilm duplicate of such records. All records maintained in the courts under the provisions of this Section shall be sealed and available only to the respondent or his attorney, unless the court, after hearing held with notice to the respondent, determines such records should be disclosed to a petitioner for cause shown.
H. Every patient admitted by judicial commitment shall be informed in writing at the time of admission of the procedures for requesting release from the treatment facility, the availability of counsel, information about the mental health advocacy service, the rights enumerated in R.S. 28:171, and the rules and regulations applicable to or concerning his conduct while a patient in the treatment facility. If the person is illiterate or does not read or understand English, appropriate provisions should be made to supply him this information. In addition a copy of the information listed in this Subsection must be posted in any area where patients are confined and treated.
I.(1)(a) A patient confined to a treatment facility by judicial commitment may receive medication and treatment without his consent, but no major surgical procedures or electroshock therapy may be performed without the written authority of a court of competent jurisdiction after a hearing. With regard to the administration of medicine, if the patient objects to being medicated, prior to making a final decision, the treating physician shall make a reasonable effort to consult with the primary physician or the primary care provider outside of the facility who has previously treated the patient for his behavioral health condition. The treating physician shall, prior to the administration of such medication, record in the patient's file either the date and time of the consultation and a summary of the comments of the primary physician or primary care provider or, if the treating physician is unable to consult with the primary physician or primary care provider the date and time that a consultation with the primary physician or primary care provider was attempted.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, any licensed physician may administer medication to a patient without his consent and against his wishes in situations which, in the reasonable judgment of the physician who is observing the patient during the emergency, constitutes a psychiatric or behavioral health emergency. For purposes of this Paragraph, a "psychiatric or behavioral health emergency" occurs when a patient, as a result of mental illness, a substance-related or addictive disorder, or intoxication engages in behavior which, in the clinical judgment of the physician, places the patient or others at significant and imminent risk of damage to life or limb. The emergency administration of medication may be continued until the emergency subsides, but in no event shall it exceed forty-eight hours, except on weekends or holidays when it may be extended for an additional twenty-four hours.
(c) The physician shall make a reasonable effort to consult with the primary physician or primary care provider outside the facility who has previously treated the patient for his behavioral health condition at the earliest possible time, but in no event more than forty-eight hours after the emergency administration of medication has begun, except on weekends or holidays, when the time period may be extended an additional twenty-four hours. The physician shall record in the patient's file either the date and time of the consultation and a summary of the comments of the primary physician or primary care provider or, if the physician is unable to consult with the primary physician or primary care provider, the date and time that a consultation with the primary physician or primary care provider was attempted.
(2) If the director or administrator of the hospital, in consultation with two physicians, determines that the condition of a committed patient is of such critical nature that it may be life-threatening unless major surgical procedures or electroshock treatment is administered, such measures may be performed without the consent otherwise provided for in this Section.
J. No director or administrator of a treatment facility shall prohibit any person who has a mental illness or person who is suffering from a substance-related or addictive disorder from applying for conversion of involuntary or emergency admission status to voluntary admission status. Any patient on an involuntary admission status shall have the right to apply for a writ of habeas corpus to have his admission status changed to voluntary status.
Amended by Acts 1954, No. 701, §1; Acts 1972, No. 154, §1; Acts 1977, No. 714, §1; Acts 1978, No. 782, §1, eff. July 17, 1978; Acts 1992, No. 798, §1, eff. July 7, 1992; Acts 1993, No. 427, §1, eff. June 9, 1993; Acts 1993, No. 891, §1, eff. June 23, 1993; Acts 1993, No. 899, §1; Acts 2001, No. 192, §1; Acts 2006, No. 664, §1; Acts 2012, No. 418, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2; Acts 2017, No. 370, §1, eff. June 23, 2017; Acts 2019, No. 307, §1, eff. June 11, 2019.
A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, all judicial commitments except those for alcohol use disorder shall be for a period not to exceed one hundred eighty days. The period of commitment shall expire at the end of the judicial commitment period, and the patient, if not converted to a voluntary status, shall be discharged unless a petition for judicial commitment has been filed prior to the expiration of the commitment period. If the court finds by clear and convincing evidence that the patient is dangerous to self or others or is gravely disabled as a result of mental illness, it shall render a judgment for his commitment for an additional period. Except as provided in Subparagraph (b) of this Paragraph, each additional judicial commitment shall expire at the end of one hundred eighty days.
(b) If a person has been judicially committed for four consecutive one-hundred-eighty-day periods pursuant to the provisions of Subparagraph (a) of this Paragraph and during this time has not been conditionally discharged, the period of a subsequent judicial commitment may exceed one hundred eighty days but shall not exceed one year.
(2)(a) The hearing on the petition shall be conducted according to the procedures and standards set forth in R.S. 28:54 and 55, and this Section. The hearing may be held by the district court for the judicial district in which the patient is being confined, or if not confined, by the district court for the judicial district where he resides or may be found. The hearing shall not be transferred to another district except for good cause shown.
(b) All judicial commitments shall be reviewed by the court issuing the order for commitment every ninety days, except those for alcohol use disorder and except those individuals committed pursuant to Code of Criminal Procedure Article 648(B) whose cases shall continue to be reviewed annually. The director or administrator of the treatment facility to which the person has been judicially committed shall issue reports to the court and to counsel of record at these intervals setting forth the patient's response to treatment, his current condition, and the reasons why continued involuntary treatment is necessary to improve the patient's condition or to prevent it from deteriorating. These reports shall be treated by the court as confidential and shall not be available for public examination, nor shall they be subject to discovery in any proceedings other than those initiated pursuant to this Title.
(3) The court may at any time, upon application or upon its own motion, order a new hearing to be held in order to determine whether the involuntary status should be continued.
B. A commitment for alcohol use disorder shall expire after forty-five days and the patient, if not converted to a voluntary status, shall be discharged, unless the court, upon application by the director or administrator of the treatment facility, finds that continued involuntary treatment is necessary and orders the patient recommitted for a period not to exceed sixty days; however, not more than two such sixty-day recommitments may be ordered in connection with the same continuous confinement.
C. Notwithstanding an order of judicial commitment, the director or administrator of the treatment facility to which the individual is committed is encouraged to explore treatment measures that are medically appropriate and less restrictive. The involuntary commitment may be converted to a voluntary one in accordance with R.S. 28:52 or 52.2. The director or administrator of the treatment facility shall inform the court of any action in that regard. The director or administrator may discharge any patient if in his opinion, or upon recommendation of the treating physician, discharge is appropriate. The director or administrator shall not be legally responsible to any person for the subsequent acts or behavior of a patient discharged in good faith.
D. A person who is judicially committed shall be allowed to appeal devolutively from the order to the court of appeal. If the lower court finds the individual indigent, it shall allow the appeal to be taken in forma pauperis. Upon perfection of an appeal, it shall be heard in a summary manner, taking preference over all other cases except similar matters.
E. Upon affirmation of the order of commitment, the individual may apply for appropriate writs from the supreme court which shall be heard in a summary manner.
F. Nothing in this Title shall deny the right of habeas corpus, including an application based upon a change of circumstances.
G.(1) A person who is judicially committed may be conditionally discharged for a period of up to one hundred twenty days by the director or administrator or by the court. The patient may be required to report for outpatient treatment as a condition of his release. The terms and conditions of the conditional discharge shall be specifically set forth in writing and signed by the patient. A copy of the conditional discharge shall be given to the patient and explained to him before he is discharged.
(2) If the patient is conditionally discharged by the director or administrator, a copy of the conditional discharge shall be sent to the court which judicially committed him. If the patient is conditionally discharged by the court, a copy of the conditional discharge shall be sent to the facility to which the patient has been committed.
(3) If a patient does not comply with the terms and conditions of his conditional discharge, he is subject to any of the procedures for involuntary treatment, including but not limited to the issuance of an order for custody and the execution of an emergency certificate. A conditionally discharged patient who is confined pursuant to any of these involuntary procedures shall have all rights of an involuntary patient, including the right to demand a probable cause hearing, the right to periodic reports and review, and a hearing pursuant to Subsections A and B of this Section.
(4) An extension of a conditional discharge may be granted upon application by the department or by the director or administrator of the treatment facility to the court and notification to respondent's counsel of record. The court may grant the extension of the conditional discharge for a period of up to one hundred twenty days. No further extension may be made without a contradictory hearing. The burden of proof is on the department or the director or administrator of the treatment facility to show why continuation of the conditional discharge is necessary.
H. All patients presently unrepresented by privately retained counsel and who are the subject of involuntary commitment under any prior statute shall have their cases reviewed by attorneys provided by the mental health advocacy service within one year from the effective date of this Section, or be discharged or be committed again according to the provisions of this Chapter.
I. All judicial commitments involving a patient who has been found not guilty by reason of insanity or who has been found to lack the capacity to proceed, shall be reviewed in the manner as set forth in R.S. 15:211.
Amended by Acts 1972, No. 154, §1; Acts 1977, No. 714, §1; Acts 1978, No. 782, §1, eff. July 17, 1978; Acts 1979, No. 560, §1, eff. July 18, 1979; Acts 1979, No. 767, §1; Acts 1983, No. 516, §1; Acts 1984, No. 143, §1; Acts 1987, No. 928, §2, eff. July 20, 1987; Acts 1997, No. 985, §1; Acts 2017, No. 369, §2; Acts 2017, No. 370, §1, eff. June 23, 2017.
A.(1) Except as provided in Paragraph (2) of this Subsection, a person who is prohibited from possessing a firearm or is ineligible to be issued a concealed handgun permit pursuant to the provisions of 18 U.S.C. 922(d)(4) and (g)(4) or of R.S. 40:1379.3(C)(13) because of an adjudication or commitment that occurred under the laws of this state may, upon release from involuntary commitment, file a civil petition seeking a judgment ordering the removal of that prohibition.
(2) A person found not guilty by reason of insanity of any felony may file a civil petition seeking a judgment ordering the removal of the prohibition described in Paragraph (1) of this Subsection provided that at least ten years have passed since the person was discharged from probation or custody, or discharged from a mental institution, by a court of competent jurisdiction.
B. The petition for restoration shall be filed in the form of a rule to show cause and shall be filed in the district in which the adjudication or order of commitment occurred.
C. The hearing on the petition shall be a contradictory proceeding with the attorney who represented the state in the original proceedings, or the attorney's successor, who shall represent the interests of the state and be served with a copy of the petition and citation to answer it not less than thirty days prior to the hearing.
D. The hearing shall be in chambers, unless the court determines that it is in the best interest of the public that the hearing be in open court.
E. At the hearing, the court shall consider evidence concerning all of the following:
(1) The circumstances which prohibit the person from possessing a firearm or which render the person ineligible to receive a concealed handgun permit.
(2) The petitioner's mental health and criminal history records, if any.
(3) The petitioner's reputation, developed at a minimum through character witness statements, testimony, or other character evidence.
(4) Changes in the petitioner's condition or circumstances since the original adjudication or commitment relevant to the relief sought. If the court determines the hearing should be open to the public, upon motion by the petitioner for restoration, the court may allow for in camera inspection of any mental health records.
F. The court shall render such judgment as the nature of the relief and the law and evidence shall justify. The court shall grant the relief requested if it finds, by a preponderance of the evidence, that the petitioner's record and reputation are such that he will not be likely to act in a manner dangerous to public safety and that the granting of the relief requested would not be contrary to the public interest. A record of the proceedings shall be kept.
G. In the event of a closed hearing, the record of the proceedings shall remain under seal and be disclosed only to an appellate court or the parties. The district court order may be reviewed on appeal to the court of appeal under a de novo standard of review. The appellate court shall maintain the confidentiality of the records.
H. The petitioner for restoration in all cases shall pay the costs of the proceedings.
I. After a judgment granting restoration of rights pursuant to the provisions of this Section has become final and definitive, the clerk of court in the district where the judgment was rendered shall, as soon as is practicable, but in no case later than ten business days after receipt of the final and definitive judgment, forward a copy of the judgment to the Louisiana Supreme Court. The Louisiana Supreme Court shall, within fifteen business days after receipt of the judgment, revise the person's record in any information database that the Louisiana Supreme Court makes available to the National Instant Criminal Background Check System, and shall notify the United States Attorney General for the purpose of reporting to the National Instant Criminal Background Check System that the basis for the prohibitions imposed by 18 U.S.C. 922(d)(4) and (g)(4) no longer applies.
J. This provisions of this Section shall not apply to:
(1) A person on conditional release or conditional discharge pursuant to Code of Criminal Procedure Article 657.1 or 658.
(2) A person who has been convicted or found not guilty by reason of insanity of any felony enumerated in R.S. 14:95.1 in the ten years prior to the filing of a petition under this Section.
Acts 2013, No. 403, §2, eff. Jan. 1, 2014; Acts 2013, No. 404, §3, eff. Jan. 1, 2014; Acts 2018, No. 532, §4.
Whenever it appears that a person against whom an indictment has been found or information filed in any court in this state is insane or mentally defective to the extent that he is unable to understand the proceedings against him or to assist in his defense, or whenever the existence of insanity or mental defect on the part of the defendant at the time of the alleged commission of the offense charged becomes an issue in the cause, all proceedings to determine the fact of the insanity or mental defect shall be in accordance with the provisions of Code of Criminal Procedure Article 641 et seq.
Acts 2018, No. 206, §1.
A. Any person found not guilty by reason of insanity by a criminal court may be ordered to the proper institution in accordance with Code of Criminal Procedure Article 654 et seq.
B. Any person who is determined to lack the capacity to proceed, who will not attain the capacity to proceed with his trial in the foreseeable future, and who is not a danger to himself or others, shall be discharged in accordance with Code of Criminal Procedure Article 648 et seq. However, this release is without prejudice to any right the state may have to institute civil commitment proceedings pursuant to R.S. 28:53 or 54. Furthermore, this person may be held in a treatment facility for a reasonable time period pending the judicial commitment hearing. If judicial commitment proceedings are necessary, they shall be instituted pursuant to Code of Criminal Procedure Article 648(B)(3) after a determination that the person will not attain the capacity to proceed with his trial.
C. Any person serving a sentence who develops a mental illness may be committed to the proper institution in the manner provided for judicial commitment by the district court of the place of incarceration and contradictorily with the director or administrator of the place of incarceration or with the sheriff of that parish. The period of commitment shall be credited against the sentence imposed by the court.
D. The department shall designate treatment facilities for the care of clients who have a mental illness committed in accordance with this Section.
Amended by Acts 1974, No. 294, §1; Acts 1977, No. 714, §1; Acts 1978, No. 782, §1, eff. July 17, 1978; Acts 1987, No. 928, §2, eff. July 20, 1987; Acts 1990, No. 489, §1; Acts 2017, No. 369, §2; Acts 2017, No. 370, §1, eff. June 23, 2017.
Repealed by Acts 1978, No. 680, §3
Repealed by Acts 1979, No. 767, §3
A. The judge of the civil district court may commit to a United States veterans hospital or United States public health service hospital any eligible incompetent veteran or other person who is in need of inpatient psychiatric care.
B. Prior to commitment, the director or administrator of the hospital shall have indicated his willingness to accept the patient and the ability to care for him. Upon admission, the patient is subject to the rules and regulations of the hospital and its officials are vested with the same powers exercised by directors or administrators of state psychiatric hospitals with reference to the retention of custody of the committed patient.
C. In the commitment of patients pursuant to the provisions of this Section, the court shall notify the patient of the proceedings and shall give him an opportunity to appear and defend himself.
Acts 2017, No. 369, §2.
A.(1) Any physician licensed or permitted by the Louisiana State Board of Medical Examiners, psychologist, medical psychologist, psychiatric mental health nurse practitioner, or public and private general hospital personnel exercising that degree of skill and care ordinarily employed, under similar circumstances by members of his profession in good standing in the same community or locality, and using reasonable care and diligence with his best judgment in the application of his skill, shall not be held civilly liable or subject to criminal prosecution for acts arising from his professional opinions which fall within the scope of his duties, judgments, actions, or duties pursuant to any of the provisions of this Part, unless the damage or injury was caused by willful or wanton negligence or gross misconduct. This limitation of liability shall apply only to public and private general hospital personnel who within the preceding twelve-month period have received appropriate training in nonviolent crisis intervention. Such training shall be documented in their personnel files. The training shall be provided by an instructor who has attended a course in crisis intervention taught by a certified instructor.
(2) The provisions of this Subsection shall not affect the provisions of R.S. 40:2113.6 or the Federal Emergency Medical Treatment and Active Labor Act, 42 U.S.C. 1395dd.
B. Any physician licensed or permitted by the Louisiana State Board of Medical Examiners, psychologist, medical psychologist, or psychiatric mental health nurse practitioner who executes an emergency certificate shall be held to that degree of skill and care ordinarily employed, under similar circumstances, by members of his profession in good standing in the same community or locality, and using reasonable care and diligence with his best judgment in the application of his skill.
C.(1)(a) Any person who acts in good faith to assist in the apprehension or taking into protective custody, examination and confinement of a patient will not be subject to civil or criminal penalties, unless the damage or injury was caused by willful or wanton negligence or gross misconduct. This limitation of liability shall only apply to public and private general hospital personnel who within the preceding twelve-month period have received appropriate training in nonviolent crisis intervention and such training has been documented in their personnel files. The training shall be provided by an instructor who has attended a course in crisis intervention taught by a certified instructor.
(b) Any public or private general hospital to which a patient has been transported pursuant to an order of protective custody or an emergency certificate or for the purpose of examination for an emergency commitment certificate shall not be held civilly liable or subject to criminal prosecution for damage or injury to the patient arising from the detention or treatment of the patient if the public or private general hospital personnel have used reasonable care and diligence and their best judgment in the application of their skills under similar circumstances in the same or a similar community or locality, unless the damage or injury was caused by willful or wanton negligence or gross misconduct. This limitation of liability shall only apply to public and private general hospital personnel who within the preceding twelve-month period have received appropriate training in nonviolent crisis intervention and such training has been documented in their personnel file. The training shall be provided by an instructor who has attended a course in crisis intervention taught by a certified instructor.
(2) The provisions of this Subsection shall not affect the provisions of R.S. 40:2113.6 or the Federal Emergency Medical Treatment and Active Labor Act, 42 U.S.C. 1395dd.
(3) A person who willfully advises or participates in the making of a false application or certificate shall be imprisoned with or without hard labor for not more than two years or fined not more than ten thousand dollars, or both.
D.(1) Any apprehension or taking into protective custody and confinement made by law enforcement officers, pursuant to any authorized procedure provided in this Title, is hereby declared to be an administrative act relative to the functions of their office, as required by law, and for which act they are specifically granted personal immunity.
(2) Upon arrival at any treatment or examination facility, a law enforcement officer escorting a person apprehended or taken into protective custody and confinement under any provision of this Title shall be relieved of any further responsibility.
Added by Acts 1977, No. 714, §1; Acts 1992, No. 120, §1; Acts 1997, No. 1302, §1, eff. July 15, 1997; Acts 2005, No. 480, §1; Acts 2006, No. 664, §1; Acts 2018, No. 206, §1; Acts 2018, No. 402, §1.
A.(1) A Mental Health Advocacy Service is hereby created and shall be governed by a board of trustees. The Mental Health Advocacy Service shall be in the executive branch of state government, in the office of the governor pursuant to R.S. 36:4(B)(10).
(2) The service shall provide legal counsel to all patients requesting such service and who are admitted for treatment pursuant to this Chapter, including, but not limited to, voluntary or involuntary admission, commitment, legal competency, change of status, transfer, and discharge.
(3) The service shall be governed by a board of trustees consisting of nine members to be made up of the deans of the law schools or their designated faculty members from Loyola University of the South, Southern University and Agricultural and Mechanical College Law Schools and from the medical and law schools of Louisiana State University and Agricultural and Mechanical College and Tulane University of Louisiana, the president of the Mental Health Association of Louisiana or his representative, and a selected member from the Louisiana Medical Society and the Louisiana State Bar Association.
B. Members of the board shall be reimbursed actual expenses incurred in the performance of their duties.
C. The board of trustees shall have the following duties:
(1) To appoint a director of the service.
(2) To establish general policy guidelines for the operation of the service to provide legal counsel and representation for persons of this state with mental disabilities in order to ensure that their legal rights are protected. However, the board shall not have supervisory power over the conduct of particular cases.
(3) To review and evaluate the operations of the service and emphasize special training for attorneys hired by the service.
(4) To review and approve an annual budget for the service.
(5) To review and approve an annual report on the operation of the service and submit such report to the legislature, the governor, and the chief justice of the supreme court.
(6) To approve and authorize contractual arrangements sought by the director.
D. The director shall be an attorney at law licensed to practice in the state. The director shall be qualified by experience to perform the duties of his office. The director shall devote full time to the duties of his office and shall not engage in the private practice of law.
E.(1) The director shall have the following duties:
(a) To organize and administer programs to provide legal counsel and representation for persons of this state with mental disabilities in order to ensure that their rights are protected, subject to the approval of the board of trustees.
(b) To identify the needs of persons with mental disabilities for legal counsel and representation within the state and the resources necessary to meet those needs, subject to the approval of the board of trustees.
(c) To institute or cause to be instituted such legal proceedings as may be necessary to enforce and give effect to any of the duties or powers of the service.
(d) To hire and train attorneys and other professional and nonprofessional staff that may be necessary to carry out the functions of the service. All attorneys employed by the service shall be licensed to practice law in Louisiana.
(e) To establish official rules and regulations for the conduct of work of the service, subject to the approval of the board of trustees.
(f) To take such actions as he deems necessary and appropriate to secure private, federal, and other public funds to help support the service, subject to the approval of the board of trustees.
(2) The director may contract with organizations or individuals for the provision of legal services for persons with mental disabilities, subject to the approval of the board of trustees.
F.(1) Any attorney representing a person who has a mental illness or a respondent as defined in R.S. 28:2 shall have ready access to view and copy all mental health and developmental disability records pertaining to his client, unless the client objects. If the patient or respondent later retains a private attorney to represent him, the mental health advocacy service shall destroy all copies of records pertaining to his case.
(2) Any attorney representing a person who has a mental illness or a respondent as defined in R.S. 28:2 shall have the opportunity to consult with his client whenever necessary in the performance of his duties. A treatment facility shall provide adequate space and privacy for the purpose of attorney-client consultation.
G. Nothing in this Title shall be construed to prohibit a person with a mental disability or a respondent to be represented by privately retained counsel. If a service attorney has been appointed by the court and the person with a mental disability or respondent secures his own counsel, the court shall discharge the service attorney.
H. Any respondent or person with a mental disability shall have the right to demand that the records in the possession of his attorney regarding his mental condition be destroyed or returned to the treatment facility, and he shall have the right to assurance by the director that such records have been so destroyed by the mental health advocacy service attorney.
I.(1) The Mental Health Advocacy Service shall establish official rules and regulations for evaluating a client's financial resources, for the purpose of determining whether a client has the ability to pay for services received.
(2) A client found to have sufficient financial resources shall be required to pay the service in accordance with standards established by the director. An indigent client shall be provided legal counsel and representation without charge.
Added by Acts 1977, No. 714, §1. Amended by Acts 1978, No. 782, §1, eff. July 17, 1978; Acts 1982, No. 496, §1, eff. July 22, 1982; Acts 2012, No. 418, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2; Acts 2022, No. 623, §2, eff. July 1, 2022.
REPEALED BY ACTS 1993, NO. 891, §2, EFF. JUNE 23, 1993.
A. A respondent may be ordered to obtain civil involuntary outpatient treatment if the court finds that all of the following conditions apply:
(1) The respondent is eighteen years of age or older.
(2) The respondent is suffering from a mental illness.
(3) The respondent is unlikely to survive safely in the community without supervision.
(4) The respondent has a history of lack of compliance with treatment for mental illness.
(5) The respondent is, as a result of his mental illness, unlikely to voluntarily participate in treatment.
(6) In view of the treatment history and current behavior of the respondent, the respondent is in need of involuntary outpatient treatment to prevent a relapse or deterioration which would be likely to result in the respondent's becoming dangerous to self or others or gravely disabled as defined in R.S. 28:2.
(7) It is likely that the respondent will benefit from involuntary outpatient treatment.
B.(1) If the respondent has executed an advance directive as defined in R.S. 28:221, any directions included in the directive shall be taken into account by the court in determining the written treatment plan.
(2) Nothing in this Section shall preclude a person with an advance directive from being subject to a petition pursuant to this Part.
Acts 2008, No. 407, §2; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1.
A petition for an order authorizing involuntary outpatient treatment may be filed in the judicial district in the parish in which the respondent is present or reasonably believed to be present or in the judicial district where the respondent resides. A petition to obtain an order authorizing involuntary outpatient treatment may be initiated by one of the following persons:
(1) The director, administrator, or treating physician of a hospital in which the respondent is hospitalized.
(2) The director, administrator, or treating physician of an emergency receiving center in which the respondent is receiving services.
(3) The director of the local governing entity, or his designee, in the parish in which the respondent is present or reasonably believed to be present.
(4)(a) Any interested person through counsel. The court may order the coroner in the jurisdiction in which the respondent is found to provide written concurrence to the allegations found in the petition to authorize involuntary outpatient treatment.
(b) For the purposes of this Section, "interested person" means anyone of legal age who has an interest in the outcome of a particular case, which may include but shall not be limited to any adult relative or friend of the respondent, any official or representative of a public or private agency, corporation, or association that is concerned with the respondent's welfare, or any other person found suitable by the court.
(5) The Louisiana Department of Health.
Acts 2008, No. 407, §2; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2013, No. 226, §1; Acts 2017, No. 369, §2; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1; Acts 2024, No. 166, §1.
A. The petition shall contain the facts which are the basis of the assertion that the respondent meets each of the criteria in R.S. 28:66 that the respondent is present or reasonably believed to be present in the parish where filed or that the respondent is a resident of the judicial district where the petition is filed and provide the respondent with adequate notice and knowledge relative to the nature of the proceeding.
B.(1) In addition to the content specified in Subsection A of this Section, the petition shall contain the following information regarding the respondent:
(a) Name.
(b) Date of birth.
(c) Alias names, if any.
(d) Social security number.
(e) Sex.
(f) Race.
(2) If the petitioner is unable to provide any of the information listed in this Subsection, the petitioner shall include in the petition the reasons why that information cannot be provided.
C. Repealed by Acts 2022, No. 382, §2.
Acts 2008, No. 407, §2; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1; Acts 2022, No. 382, §2; Acts 2024, No. 166, §1.
A.(1) Upon the filing of the petition authorized by R.S. 28:67, the court shall assign a time and place for a hearing as promptly as is practical, but in no case later than thirty days after the filing of the petition, which may be conducted before any judge in the judicial district and shall cause reasonable notice thereof and a copy of the petition to be served upon the respondent, the respondent's attorney, the petitioner, and the director of the local governing entity in the parish where the petition has been filed. The notice shall inform the respondent that the respondent has a right to be present, a right to retain counsel, the right to counsel appointed to represent him by the Mental Health Advocacy Service, and a right to cross-examine witnesses. Continuances shall be granted only for good cause shown.
(2) In addition to those persons entitled to notice pursuant to Paragraph (1) of this Subsection, if the respondent is interdicted, notice of the hearing and a copy of the petition shall also be served upon the curator for the interdict.
(3) The court may order the service of all pleadings, notices, and written treatment plans required in this Part pursuant to Code of Civil Procedure Article 1313(A), without regard to Article 1313(B).
B.(1) As soon as is practical after the filing of the petition, the court shall review the petition and supporting documents and determine whether there exists probable cause to believe that the respondent is suffering from mental illness which renders him unlikely to voluntarily participate in the recommended treatment and, in view of the treatment history and current behavior of the respondent, he is in need of involuntary outpatient treatment to prevent a relapse or deterioration which would be likely to result in him becoming dangerous to self or others or gravely disabled as defined in R.S. 28:2.
(2) If the court determines that probable cause exists, the court shall appoint a physician, psychiatric mental health nurse practitioner, psychologist, or medical psychologist to examine the respondent and to provide a written Physician's Report to Court and testify at the hearing. The Physician's Report to Court shall be completed on the form provided by the office of behavioral health of the Louisiana Department of Health and provided to the court, the respondent's counsel, and the petitioner's counsel at least three days before the hearing. Nothing in this Paragraph shall prevent the court from appointing a willing and available physician, psychiatric mental health nurse practitioner, psychologist, or medical psychologist who has been put forth by the petitioner or from accepting a Physician's Report to Court that has been completed pursuant to an examination of the respondent conducted within ten days prior to the filing of the petition. The examination of the respondent for the purpose of the Physician's Report to Court shall be conducted within ten days prior to the filing of the petition or ten days after the filing of the petition.
(3) The Physician's Report to Court shall set forth specifically the objective factors leading to the conclusion that the respondent has a mental illness that renders him unlikely to voluntarily participate in the recommended treatment and, in view of the treatment history and current behavior of the respondent, the respondent is in need of involuntary outpatient treatment to prevent a relapse or deterioration which would be likely to result in his becoming dangerous to self or others or gravely disabled as defined in R.S. 28:2. The report shall also include recommendations for a treatment plan. The examining physician, psychiatric mental health nurse practitioner, psychologist, or medical psychologist shall be authorized to consult with the respondent's treating physician, psychiatric mental health nurse practitioner, psychologist, or medical psychologist.
(4) The court-appointed physician, psychiatric mental health nurse practitioner, or medical psychologist may be the respondent's treating physician, treating psychiatric nurse practitioner, or treating medical psychologist.
C. The court shall conduct a hearing on the petition which shall take precedence over all other matters, except pending cases of the same type. The court shall admit evidence according to the Code of Evidence. Witnesses and evidence tending to show that the respondent is a proper subject for outpatient placement shall be presented first. If the respondent does not appear at the hearing, and service of process was proper and appropriate attempts to elicit attendance failed, the court may conduct the hearing in the absence of the respondent, but the court shall state the factual basis for conducting the hearing without the respondent.
D. The court shall not order involuntary outpatient treatment unless an examining physician, psychiatric mental health nurse practitioner, psychologist, or medical psychologist, who has personally examined the respondent, testifies at the hearing, in person or via electronic means, with consent of all of the parties, regarding the categories of involuntary outpatient treatment recommended, the rationale for each category, facts which establish that such treatment is the least restrictive alternative, and, if recommended, the beneficial and detrimental physical and mental effects of medication and whether such medication should be self-administered or administered by an authorized professional.
E. If the respondent has refused to be examined by the court-ordered physician, psychiatric mental health nurse practitioner, psychologist, or medical psychologist, the court shall order the sheriff's department to take the respondent into custody and transport him to a psychiatrist's office, behavioral health center, hospital, or emergency receiving center. Retention of the respondent in accordance with the court order shall not exceed twenty-four hours.
F. A physician, psychiatric mental health nurse practitioner, or psychologist who testifies pursuant to Subsection D of this Section shall state the facts which support the allegation that the respondent meets each of the criteria for involuntary outpatient treatment, the treatment is the least restrictive alternative, the recommended involuntary outpatient treatment, and the rationale. If the recommended involuntary outpatient treatment includes medication, the testimony of the physician, psychiatric mental health nurse practitioner, or medical psychologist shall describe the types or classes of medication which should be authorized, the beneficial and detrimental physical and mental effects of such medication, and whether the medication should be self-administered or administered by authorized personnel.
G. The respondent shall be afforded an opportunity to present evidence, to call witnesses on his behalf, and to cross-examine adverse witnesses.
H. Each court shall keep a record of cases relating to persons who have a mental illness coming before the court pursuant to the provisions of this Title and the disposition of those cases. Each court shall also keep on file the original petition and certificates of physicians required by this Section, or a microfilm duplicate of such records. All records maintained in courts pursuant to the provisions of this Section shall be sealed and available only to the parties to the case, unless a court, after a hearing held with notice to the respondent, determines such records should be disclosed to a petitioner for cause shown. Any hearing conducted in accordance with this Subsection shall be closed to the public.
Acts 2008, No. 407, §2; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2013, No. 226, §1; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1; Acts 2022, No. 382, §1; Acts 2024, No. 166, §1.
A. The court shall not order involuntary outpatient treatment unless an examining physician, psychiatric mental health nurse practitioner, or psychologist develops and provides to the court a proposed written treatment plan. The respondent, and any other individual whom the respondent may designate, shall be afforded a reasonable opportunity to participate in the development of the written treatment plan. The treatment plan shall reflect the expressed preferences of the respondent to the extent the preferences are reasonable and consistent with the respondent's best interests. The written treatment plan shall be deemed appropriate by the director. The written treatment plan shall include appropriate services to provide care coordination. The written treatment plan shall also include appropriate categories of services, as set forth in Subsection D of this Section, which the respondent is recommended to receive and are available to the respondent. The written treatment plan shall specify a provider that has agreed to provide each of the specified services. If the written treatment plan includes medication, it shall state whether the medication should be self-administered or administered by authorized personnel and shall specify the type and dosage range of medication most likely to provide maximum benefit for the respondent.
B. If the written treatment plan includes substance-related or addictive disorder counseling and treatment, it may include a provision requiring testing for either alcohol or illegal substances provided the clinical basis for recommending such plan provides sufficient facts for the court to find all of the following:
(1) The respondent has a history of a substance-related or addictive disorder that is clinically related to the mental illness.
(2) Testing is necessary to prevent a relapse or deterioration.
C. The plan shall be provided to the court and all persons required to receive notice within R.S. 28:69(A) at least three days before the date of the hearing on the petition.
D.(1) Services may include but are not limited to case management, provided by the local governing entity which is defined as the assignment of the coordination of care for an outpatient individual with a serious mental illness to a single person or team, including all necessary medical and mental health care and associated supportive services.
(2) Services may include but are not limited to the following categories and will depend upon the availability in the respondent's area:
(a) Assertive community treatment.
(b) Medication.
(c) Laboratory testing to include periodic blood testing for therapeutic metabolic effects, toxicology testing, and breath analysis.
(d) Individual or group therapy.
(e) Day or partial day programming activities.
(f) Education and vocational rehabilitation training.
(g) Substance-related or addictive disorder treatment.
(h) Supervised living.
(i) Transportation.
(j) Housing assistance.
E. It shall be certified to the court that the services ordered in the plan are available and can be reasonably accessed by the respondent.
F.(1) The written treatment plan is subject to reviews before the court with the respondent and at least one representative of the treatment team. The initial frequency shall be stipulated in the treatment plan and modified with the court's approval.
(2) The court-ordered blood or laboratory testing may be subject to review after six months by the physician, psychiatric mental health nurse practitioner, or psychologist who developed the written treatment plan or who is designated by the director, and the blood or laboratory testing may be terminated without further action of the court.
Acts 2008, No. 407, §2; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1; Acts 2022, No. 271, §1; Acts 2024, No. 166, §1.
A. If the court determines that the respondent does not meet the criteria for involuntary outpatient treatment, the court shall dismiss the petition.
B. If the court finds by clear and convincing evidence that the respondent meets the criteria for involuntary outpatient treatment, and no less-restrictive alternative is feasible, the court shall order that the respondent receive involuntary outpatient treatment for an initial period not to exceed one year. The court shall state reasons why the proposed treatment plan is the least restrictive treatment appropriate and feasible for the respondent. The order shall state the categories of involuntary outpatient treatment as set forth in R.S. 28:70, which the respondent is to receive, and the court may not order treatment that has not been recommended by the physician, psychiatric mental health nurse practitioner, or psychologist in consultation with the treatment team and included in the written treatment plan. The court shall not order an outpatient commitment unless it is certified to the court that the services are available.
C. If the court finds by clear and convincing evidence that the respondent meets the criteria for involuntary outpatient treatment and a written proposed treatment plan has not been approved, the court may order the service provider to provide a plan and testimony within thirty days of the date of the order.
D. The court may order the respondent to self-administer psychotropic drugs or order the administration of such drugs by authorized personnel as part of an involuntary outpatient treatment program. The order shall specify the type of psychotropic drugs and it shall be effective for the duration of such involuntary outpatient treatment.
E. The treatment provider shall apply for court approval prior to instituting a proposed material change in the involuntary outpatient treatment order unless such change is contemplated in the order. For purposes of this Subsection, a material change shall mean an addition or deletion of a category of involuntary outpatient treatment service, or any deviation without the consent of the respondent from the terms of an existing order relating to the administration of psychotropic drugs, or a change of residence from one local governing entity to another. A material change shall not mean a change in the dosage or the specific psychotropic drug within the type ordered by the court. Any application for court approval shall be served upon all persons required to be served with notice of a petition for an order authorizing involuntary outpatient treatment. Either party may move for a hearing on the application. If a motion is not filed within five days from the date the application is filed, the court shall grant the application.
F. Failure to comply with an order of assistive outpatient treatment shall not be grounds, in and of itself, for involuntary civil commitment or a finding of contempt of court.
Acts 2008, No. 407, §2; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2015, No. 317, §1; Acts 2017, No. 369, §2; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1; Acts 2024, No. 166, §1.
A. The court order for outpatient treatment shall expire at the end of the specified period unless a petition for an extension has been filed. If any person or entity authorized within R.S. 28:67 determines that a respondent requires further involuntary outpatient treatment, he shall file a petition for continued treatment prior to the expiration of the involuntary outpatient treatment ordered by the court. If a respondent has been ordered to receive outpatient treatment for four consecutive six-month to one-year periods, the period of any subsequent order may exceed one year but shall not exceed two years.
B. The procedure for obtaining an extension shall be the same as for obtaining the original order. However, the time periods provided in R.S. 28:66(A)(4) shall not be applicable in determining the appropriateness of the extension.
Acts 2008, No. 407, §2; Acts 2015, No. 317, §1; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1.
In addition to any right or remedy available by law, the respondent may apply to the court to stay, vacate, or modify the order based on a change in circumstances and he shall notify the director of the local governing entity or designee of his application.
Acts 2008, No. 407, §2; Acts 2017, No. 369, §2; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1.
Review of an order issued pursuant to this Part shall be in accordance with R.S. 28:56(D) and (E).
Acts 2008, No. 407, §2.
A. When a physician, psychiatric mental health nurse practitioner, or psychologist determines the respondent has failed to comply with the ordered treatment, the local governing entity, case manager, or assertive community treatment provider shall make reasonable efforts to solicit the compliance of the respondent.
B. If either party alleges noncompliance despite the efforts referred to in Subsection A of this Section, a judicial hearing shall be scheduled and all persons listed in R.S. 28:69(A) are to receive notice.
C. When a physician, psychiatric mental health nurse practitioner, or psychologist determines that the respondent meets the relevant criteria, he may execute an emergency certificate in accordance with R.S. 28:53, request an order for custody in accordance with R.S. 28:53.2, or seek a judicial commitment in accordance with R.S. 28:54. Any period of hospitalization shall not invalidate the order for assistive outpatient treatment.
D. If the respondent refuses to take medication or refuses to take or fails blood or other laboratory tests as required by court order, the physician, psychiatric mental health nurse practitioner, or psychologist may consider his refusal in determining whether the respondent is in need of inpatient treatment services.
Acts 2008, No. 407, §2; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1.
As used in this Part, "Physician's Report to Court" means the reports provided for in R.S. 28:56(A)(2)(b).
Acts 2018, No. 375, §1.
Assistive outpatient treatment proceedings shall be exempt from charges for filing fees or taxing of court costs.
Acts 2021, No. 329, §1.
A. The judge shall designate or shall request the administrator to provide an attendant to transfer the patient to the psychiatric hospital and may authorize the employment of assistants if necessary.
B. Wherever practicable, the patient to be hospitalized shall be permitted to be accompanied by one or more of his friends or relatives.
Amended by Acts 1954, No. 701, §1; Acts 2017, No. 369, §2.
A. Any resident and rightful charge upon the state who suffers from a mental illness while in military service and is returned to the state because of need of inpatient psychiatric care shall be directly transferred from the military establishment to a state psychiatric hospital, provided arrangements to receive him are made in advance with the hospital administrator.
B. Unless sooner discharged from military service, the patient shall be detained for a period of observation not to exceed thirty days. If it is found that he should remain at the hospital, he shall, after discharge from military service, be committed in accordance with the provisions of this Chapter.
Amended by Acts 2017, No. 369, §2.
A. Any veteran eligible for treatment in a United States veterans hospital who has been committed to a psychiatric hospital within the state may be transferred to a United States veterans hospital.
B. The transfer shall be by order of the committing court or by order of the director or administrator of the psychiatric hospital in which the veteran is confined or by order of the division if the veteran is on leave.
Amended by Acts 1974, No. 294, §1; Acts 2017, No. 369, §2.
A.(1) Except as otherwise provided in this Subsection, the department may transfer any patient from one psychiatric hospital to another if applicable eligibility criteria are met. Moreover, the administrator of a psychiatric hospital may request the department to transfer a patient when he believes that a transfer is necessary.
(2) A patient may be transferred to or from a private psychiatric hospital only upon the joint application of the director or administrator of that hospital and of the legal guardian or the person liable for the support of the patient. However, no private psychiatric hospital shall be obligated to retain a patient because of the refusal to sign the application by the legal guardian or the person liable for support.
(3) A person under sentence or acquitted of a crime on the ground of mental illness or disability shall be transferred only upon authority of the committing court.
(4) A voluntary patient shall be transferred only with his written consent.
B. The following documents, as applicable, shall accompany a patient upon his transfer:
(1) The transfer order of the department.
(2) Certified copies of the application for admission, the physician's certificate, the report of the commission, and the order of the committing court.
(3) All of the patient's clinical records or a full abstract thereof, including the results of medical, physical, and laboratory examinations.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
Repealed by Acts 2017, No. 369, §7.
A. Except as otherwise provided in this Section, the administrator or treating physician may discharge any patient committed to a psychiatric hospital if he believes that the patient has sufficiently recovered and that no harm will result from his discharge.
B. The administrator or treating physician shall as frequently as practicable, but not less often than every six months, examine or cause to be examined every patient and may discharge the patient and immediately make a report thereof to the court when necessary or appropriate.
C. A client committed in accordance with the provisions of Article 648 of the Code of Criminal Procedure shall be discharged only in the manner provided in that Article.
D. A patient committed in accordance with R.S. 28:59 shall be discharged only upon order of the committing court.
E. A patient who has shown dangerous tendencies shall be discharged upon conditional release with the written consent of the court after an examination and after sufficient guarantee of proper supervision of the patient by a person who is approved by the court.
F. A patient whose discharge is opposed by a legal guardian, relative, or other interested person shall be discharged only after the person opposing has been notified and given an opportunity to state his reasons why the patient should be detained for further care and treatment.
G. A patient who has a mental illness who no longer requires treatment may be discharged with the approval of the attending physician and treatment team.
H. A patient who has a mental illness and is convicted of a crime prior to his transfer to a psychiatric hospital shall not be discharged prior to the time he might have been discharged from his original place of detention.
Amended by Acts 1954, No. 701, §1; Acts 1974, No. 294, §1; Acts 2017, No. 369, §2.
A. Except as otherwise provided in this Section the director, administrator, or head of a private psychiatric hospital may discharge any patient committed to his hospital only on the certificate of either two physicians, or one physician and one psychologist, medical psychologist, or psychiatric mental health nurse practitioner stating that the patient has sufficiently recovered and that no harm will result from his discharge.
B. A patient committed in accordance with the provisions of Article 648 of the Code of Criminal Procedure shall be discharged only in the manner provided in that Article.
C. A patient committed to a private hospital in accordance with R.S. 28:59 shall be discharged only upon order of the committing court.
D. A patient whose discharge from a private psychiatric hospital is opposed by a legal guardian, relative, or other interested person shall be discharged only after the person opposing has been notified and given an opportunity to state the reasons why the patient should be detained for further care and treatment.
E. A patient committed to a private psychiatric hospital who has shown dangerous tendencies shall be discharged only upon the certificate of either two physicians, or one physician and one psychologist, medical psychologist, or psychiatric mental health nurse practitioner after an examination, and after sufficient guarantee has been provided of proper supervision of the patient by a person who is approved by the court.
F. A patient who has a mental illness and no longer requires treatment may be discharged on the certificate of either two physicians, or one physician and one psychologist, medical psychologist, or psychiatric mental health nurse practitioner and with the approval of the committing court if the commitment was by criminal court order.
Added by Acts 1966, No. 482, §2; Acts 2006, No. 664, §1; Acts 2017, No. 369, §2.
The department may order the examination and the discharge of any patient, except those committed in accordance with R.S. 28:59 and under Title XXI relating to insanity proceedings of the Code of Criminal Procedure, if as a result of the examination it believes that the patient should no longer be detained. When a discharge in accordance with this Section is contemplated, the department shall give notice to the director or administrator and to the person who filed the original petition causing the patient to be committed, in order that they may state their reasons why the patient should be detained for further treatment.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 1987, No. 928, §2, eff. July 20, 1987; Acts 2017, No. 369, §2.
Repealed by Acts 1972, No. 154, §4
Repealed by Acts 1985, No. 341, §1; eff. July 9, 1985.
Any detentions, confinements, commitments, or discharges made of a patient who has a mental illness in accordance with this Chapter to any state or private psychiatric hospital by the director or administrator thereof, acting in good faith, reasonably and without negligence, are declared to be administrative acts of the director, administrator, or the hospital, and the director, administrator, and the hospital are granted immunity from liability for damages to any patient so detained, confined, or committed for false imprisonment or otherwise; provided, however, that the director, administrator, or the hospital shall not thereby be exempt from liability for negligence in the care or treatment of such patient.
Added by Acts 1966, No. 482, §2; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1.
Any patient continuously absent from a psychiatric hospital without authorized leave for seventy-two hours is automatically discharged and may be readmitted only according to law. This Section shall not apply to clients committed in accordance with R.S. 28:59 or Code of Criminal Procedure Article 648 or 654.
Amended by Acts 2017, No. 369, §2.
A. The treating physician may grant to patients leaves of absence for such time and upon such conditions as he prescribes. In granting leave, the director or administrator is subject to the restrictions provided in R.S. 28:96.
B. A patient on leave may be returned at any time by the director, administrator, or the person to whom he has been released.
Amended by Acts 2017, No. 369, §2.
Repealed by Acts 2017, No. 369, §7.
A. Under conditions indicating rehabilitation possibilities, the director or administrator, with the consent of the department, may permit patients to board out with responsible persons who may be paid for their care of the patients. This Section does not apply to clients committed in accordance with R.S. 28:59.
B. In determining the amount to be paid, the value of any services to be rendered by the patient while boarding shall be considered and should the services of the patient justify, he shall be paid a sum in excess of his board to compensate him for these services.
C. The director or administrator may require the person applying to board a patient to give bond with security for the proper care of the patient.
D. Agents of the state psychiatric hospital shall frequently visit every boarding patient. If it is determined that the patient is not being cared for properly, the director or administrator shall recall him to the state psychiatric hospital with the consent of the department.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
Any escaped patient from a state psychiatric hospital shall be returned at the expense of the state psychiatric hospital from which he left without authorization unless his discharge is granted before his return.
Amended by Acts 2017, No. 369, §2.
A. The department or executive authority of this state may return any nonresident patient to the state or country of which he is a legal resident. Pending the return, the department shall provide necessary temporary care for the patient. He shall be suitably clothed and, if necessary, shall be accompanied by an attendant who shall deliver the patient with due care to the proper officials at the destination. If the patient is able to travel alone, he shall be provided with sufficient funds for sustenance and travel.
B. The department or executive authority of this state may enter into agreements with other states for reciprocity in deporting psychiatric patients.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
A. No person or public carrier shall knowingly import a nonresident psychiatric patient into this state for the purpose of having him committed.
B. Any person who violates the provisions of this Section shall be fined one hundred dollars or imprisoned for sixty days, or both, and the patient shall be removed from the state at the expense of the offending person or public carrier.
Amended by Acts 2017, No. 369, §2.
A. For purposes of this Section, the following definitions relative to extradition of escaped patients apply:
(1) "Executive authority" means the governor of a state or other executive of a territory, district, or insular or other possession of the United States, or his appointed designee.
(2) "Flight" and "fled" shall mean any departure from the jurisdiction of the court where the proceedings provided for in this Section may have been instituted and are still pending, with the effect of avoiding, impeding, or delaying the action of the court in which such proceedings may have been instituted or be pending.
(3) "State" shall include any state, territory, district, and insular and other possession of the United States.
B.(1) Whenever the executive authority of any state other than Louisiana demands the return of an escaped nonresident patient and produces a certified copy of the decree or other judicial process and proceedings for involuntary commitment with an affidavit showing the person to be an escapee, it shall be the duty of the executive authority of Louisiana to apprehend and secure the escapee.
(2) The executive authority of Louisiana shall give immediate notice of the apprehension of the escapee to the executive authority making such demand, or to the agent of the authority appointed to receive the escapee, and shall cause the escapee to be delivered to such agent. If no agent appears within forty days from the time of apprehension, the escapee may be discharged.
C. All costs and expenses incurred in apprehending, securing, maintaining, and transmitting the escapee shall be paid by the state making the demand for the return of the escapee. Any agent so appointed who receives the escapee into his custody shall be empowered to transmit him to the state from which he has fled.
Amended by Acts 2017, No. 369, §2.
A. If financially able, the patient or his legal guardian shall pay the costs of commitment, including examination fees, expenses incurred in calling witnesses, fees of counsel for the patient, and fees of the commission, otherwise the parish of domicile in the case of a resident or the department in the case of a nonresident shall pay these costs.
B. Fees for services rendered by coroners or other experts in the commitment of patients shall be in accordance with the provisions contained in Article 659 of the Code of Criminal Procedure and the special laws relating to the fees of coroners and assisting physicians in interdiction proceedings. Except for emergency commitments which do not result in court commitment and voluntary admissions, the coroner of the parish of domicile shall receive the usual fee allowed in a formal commitment for all types of commitment under this Chapter, even though he does not act personally in the commitment proceeding.
Amended by Acts 1974, No. 294, §1; Acts 2017, No. 369, §2.
A. If financially able, the patient or his legal guardian shall pay all costs incident to transporting the patient to the state psychiatric hospital; otherwise the department, in the case of a nonresident, or the parish in which the hearing was held, in the case of a resident, shall pay these costs. If a patient's domicile is in a parish other than that in which the hearing was held, the former parish shall reimburse the latter for these costs.
B. Fees for transporting patients shall be in accordance with the special laws establishing fees for transporting prisoners.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
A. The director or administrator of each state psychiatric hospital shall include the costs of maintenance and daily care of patients as an expense of the state psychiatric hospital and shall prepare budgets in accordance with the provisions of Chapter 1 of Title 39 of the Louisiana Revised Statutes of 1950.
B. If financially able, the patient or his legal guardian shall reimburse the state psychiatric hospital for all or a part of the cost of his maintenance or daily care.
Amended by Acts 2017, No. 369, §2.
The department shall develop procedures to determine the ability of a patient or his legal guardian to pay all or a part of the costs of the patient's care and shall adopt a policy including rules and regulations for the assessment of charges in accordance with the ability to pay.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
The person requesting the transfer shall pay the costs of transferring a patient between hospitals. The department shall pay the costs of transfers made at its request.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
A. If financially able, the patient or his legal guardian shall pay the costs of the patient's funeral or his discharge and removal, including traveling expenses to his home; otherwise the state psychiatric hospital shall pay these costs. If discharge is ordered by the department and the state psychiatric hospital pays the patient's traveling expenses to his home, the department shall reimburse the state psychiatric hospital out of appropriations for persons who are indigent and have a mental illness.
B. If a patient committed in accordance with R.S. 28:59 is ordered returned by the court, the parish in which the court is located shall pay these costs.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
The department may demand and receive any sums assessed as costs against a patient or his legal guardian, and in the case of nonpayment may sue to enforce collection. Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
Expenses for deporting a nonresident patient shall be paid by the department out of appropriations for persons who are indigent and have a mental illness.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2014, No. 811, §14, eff. June 23, 2014.
A. No patient in a treatment facility pursuant to this Chapter shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the state of Louisiana, or the Constitution of the United States solely because of his status as a patient in a treatment facility. These rights, benefits, and privileges include, but are not limited to, civil service status; the right to vote; the right to privacy; rights relating to the granting, renewal, forfeiture, or denial of a license or permit for which the patient is otherwise eligible; and the right to enter contractual relationships and to manage property.
B. No patient in a treatment facility shall be presumed incompetent, nor shall such person be held incompetent except as determined by a court of competent jurisdiction. The determination of incompetence shall be separate from the judicial determination of whether the person is a proper subject for involuntary commitment.
C.(1) The patient in a treatment facility shall be permitted unimpeded, private, and uncensored communication with persons of his choice by mail, telephone, and visitation. These rights may be restricted by the director of the treatment facility if sufficient cause exists and is so documented in the patient's medical records. The patient's legal counsel, as well as his next of kin or responsible party must be notified in writing of any such restrictions and the reasons therefor. When the cause for any restriction ceases to exist, the patient's full rights shall be reinstated. A patient shall have the right to communicate in any manner in private with his attorney at all times.
(2) The director of a treatment facility shall ensure that correspondence can be conveniently received and mailed, that telephones are reasonably accessible, and that space for visits is available. Writing materials, postage, and telephone usage funds shall be provided in reasonable amounts to recipients who are unable to procure such items.
(3) Reasonable times and places for the use of telephones and for visits may be established in writing by the director of any treatment facility. However, the times and places established by the director must allow patients, at a minimum, reasonable daily communication by telephone and visitation. These rights may be restricted by the director of the treatment facility if sufficient cause exists and is so documented in the patient's medical records. The patient's legal counsel, as well as his next of kin or responsible party, must be notified in writing of any such restrictions and the reasons therefor. When the cause for any restriction ceases to exist, the patient's full rights shall be reinstated.
(4)(a) The director of any substance use treatment facility may restrict the visitation rights of a patient who is voluntarily admitted to such treatment facility under the provisions of R.S. 28:52, 52.2, 52.3, and 52.4 for the initial phase of treatment but no longer than seven days unless good cause exists to extend the restriction and is so documented in the patient's record. This restriction shall not apply to visitation by the patient's attorney, or if he is not represented by counsel, the mental health advocate, or the patient's minister. This restriction shall also not apply to a parent or legal guardian of a patient who is a minor unless the director determines that good cause exists that such restriction shall be in the best interest of the patient and is so documented in the patient's record. When the facility director determines the need to restrict visitation of new patients he shall post notice of such restriction in places prominent to all new admissions, and shall inform each new patient of the restriction prior to the admission of the patient, and the length and duration thereof, and further, that such restriction may be extended on an individual basis as determined to be in the patient's interest by the treatment staff with the concurrence of the medical director.
(b) Nothing herein shall be construed to further restrict other forms of patient communication as permitted in this Section, nor shall this restriction apply to mental health treatment facilities.
D. Seclusion or restraint shall only be used to prevent a patient from physically injuring himself or others. Seclusion or restraint may not be used to punish or discipline a patient or used as a convenience to the staff of the treatment facility. Seclusion or restraint shall be used only in accordance with the following standards:
(1) Seclusion or restraint shall only be used when verbal intervention or less restrictive measures fail. Use of seclusion or restraint shall require documentation in the patient's record of the clinical justification for such use as well as the inadequacy of less restrictive intervention techniques.
(2) Seclusion or restraint shall only be used in an emergency. An emergency occurs when there is either substantial risk of self-destructive behavior, as evidenced by clinically significant threats or attempts to commit suicide or to inflict serious harm to self, or a substantial risk or serious physical assault on another person, as evidenced by dangerous actions or clinically significant threats that the patient has the apparent ability to carry out.
(3) A written order from a physician, psychologist, medical psychologist, or psychiatric mental health nurse practitioner acting within the scope of his institutional privileges shall be required for any use of seclusion or restraint. If, however, no physician, psychologist, medical psychologist, or psychiatric mental health nurse practitioner is immediately available, a registered nurse who has been trained in management of disturbed behavior may utilize seclusion or restraint. The nurse or the nursing supervisor shall then immediately notify a physician, psychologist, medical psychologist, or psychiatric mental health nurse practitioner with institutional authority to order seclusion or restraint and provide him with sufficient information to determine whether seclusion is necessary and whether less restrictive interventions have been tried or considered. The physician, psychologist, medical psychologist, or psychiatric mental health nurse practitioner may issue a telephone order for seclusion or restraint, if such order is indicated.
(4) Written orders for the use of seclusion or restraint shall be time limited and not more than twelve hours in duration. The written order shall include the date and time of the actual examination of the patient, the date and time that the patient was placed in seclusion or restraint, and the date and time that the order was signed.
(5) A renewal order for up to twelve hours of seclusion or restraint may be issued by a physician, psychologist, medical psychologist, or psychiatric mental health nurse practitioner with institutional authority to order seclusion or restraint after determining that there is no less restrictive means of preventing injury to the patient or others. If any patient is held in seclusion or restraint for twenty-four consecutive hours, the physician, psychologist, medical psychologist, or psychiatric mental health nurse practitioner with institutional authority shall conduct an actual examination of the patient and document the reason why the use of seclusion or restraint beyond twenty-four consecutive hours is necessary, and the next of kin or responsible party shall be notified by the twenty-sixth hour.
(6) Staff who implement written orders for seclusion or restraint shall have documented training in the proper use of the procedure for which the order was written.
(7) Periodic monitoring and care of the patient shall be provided by responsible staff. A patient in seclusion or restraint shall be evaluated every fifteen minutes, especially in regard to regular meals, water, and snacks, bathing, the need for motion and exercise, and use of the bathroom, and documentation of these evaluations shall be entered in the patient's record.
(8) Patients shall be released from seclusion or restraint as soon as the reasons justifying the use of seclusion or restraint subside. If at any time during the period of seclusion or restraint a registered nurse determines that the emergency which justified the seclusion or restraint has subsided and a physician, psychologist, medical psychologist, or psychiatric mental health nurse practitioner with institutional authority to order seclusion or restraint is not immediately available, the patient shall be released. At the end of the period of seclusion or restraint ordered by the physician, psychologist, medical psychologist, or psychiatric mental health nurse practitioner the patient shall be released unless a renewal order is issued.
(9) Mechanical restraints shall be designed and used so as not to cause physical injury to the patient and so as to cause the least possible discomfort.
(10) Facilities using seclusion or restraint shall have written policies concerning their use in place before they can be used. These policies shall include standards and procedures for placing a patient in seclusion or restraint, and for informing him of the reason he was put in seclusion or restraint and the means of terminating such seclusion or restraint.
(11) Nothing in this Section shall be construed to expand the scope of practice of psychology as defined in R.S. 37:2351 et seq. to authorize the ordering, administering, or dispensing of medications, or to authorize any practice not permitted under the privileges granted by the institution.
(12) The department shall adopt rules and regulations in accordance with the Administrative Procedure Act to govern the use of seclusion and restraint. Such rules and regulations shall respect the patient's individual rights, protect the patient's health, safety, and welfare, and be the least restrictive of the patient's liberty. The department shall adopt rules and regulations to provide for enforcement procedures and penalties applicable to a person who violates the requirements of this Section.
E. A patient may be placed alone in a room or other area pursuant to behavior shaping techniques such as "time-out". Such confinement may only be used as part of a written treatment plan, shall not be used for the convenience of staff, and may be used only according to the following standards and procedures:
(1) Placement alone in a room or other area shall be imposed only when less restrictive measures are inadequate.
(2) Placement alone in a room or other area shall only be ordered by a qualified professional trained in behavior-shaping techniques and authorized in accordance with the written policies and procedures of the facility to order the use of behavioral-shaping techniques.
(3) The period of placement alone in a room or other area shall not exceed thirty minutes.
(4) The patient shall be observed and supervised by a staff member.
(5) The period of placement alone in a room or other area shall not exceed a total of three hours in any twenty-four-hour time period. If the placement alone in a room or other area exceeds a total of three hours in any twenty-four-hour time period, it shall then be considered seclusion and shall be governed by the procedures and standards set forth in Subsection D of this Section.
(6) The date, time, and duration of the placement shall be documented.
(7) In treatment facilities where patients are placed alone in a room or other area as a behavior-shaping technique, there shall be written policies and procedures governing use of such behavior-shaping technique.
F.(1) No patient confined by emergency certificate, judicial commitment, or noncontested status shall receive major surgical procedures or electroshock therapy without the written consent of a court of competent jurisdiction after a hearing.
(2) If the director of the treatment facility, in consultation with two physicians, determines that the condition of such a patient is of such a critical nature that it may be life-threatening unless major surgical procedures or electroshock therapy are administered, such emergency measures may be performed without the consent otherwise provided for in this Section. No physician shall be liable for a good faith determination that a medical emergency exists.
G. Every patient shall have the right to wear his own clothes and to keep and use his personal possessions, including toilet articles, unless determined by a physician, medical psychologist, or psychiatric mental health nurse practitioner that these are medically inappropriate and the reasons therefor are documented in his medical record. The patient shall also be allowed to spend a reasonable sum of his own money for canteen expenses and small purchases, and to have access to individual storage spaces for his private use. If the patient is financially unable to provide these articles for himself, the treatment facility shall provide a reasonable supply of clothing and toiletries.
H. Every patient shall have the right to be employed at a useful occupation depending upon his condition and available facilities.
I. Every patient shall have the right to sell the products of his personal skill and labor at the discretion of the director of the treatment facility and to keep or spend the proceeds thereof or to send them to his family.
J. Every patient shall have the right to be discharged from a treatment facility when his condition has changed or improved to the extent that confinement and treatment at the treatment facility are no longer required. The director of the treatment facility shall have the authority to discharge a patient admitted by judicial commitment without the approval of the court which committed him to the treatment facility. The court shall be advised of any such discharge. The director shall not be legally responsible to any person for the subsequent acts or behavior of a patient discharged by him in good faith.
K. Every patient shall have the right to engage a private attorney. If a patient is indigent, he shall be provided an attorney by the mental health advocacy service, if he so requests. The attorneys provided by the mental health advocacy service or appointed by a court shall be interested in and qualified by training or experience in the field of mental health statutes and jurisprudence.
L. Every patient shall have the right to request an informal court hearing to be held at the discretion of the court within five days of the receipt of the request by the court. If the court determines that a hearing is appropriate and if the patient is not represented by an attorney of his own or from the mental health advocacy service, the court shall appoint an attorney to represent the patient. The purpose of the hearing shall be to determine whether or not the patient should be discharged from the treatment facility or transferred to a less restrictive and medically suitable treatment facility.
M. No provision hereof shall abridge or diminish the right of any patient to avail himself of the right of habeas corpus at any time.
N. Every patient shall have the right to be visited and examined at his own expense by a physician, psychologist, medical psychologist, or a psychiatric mental health nurse practitioner designated by him or a member of his family or an interested party. The physician, psychologist, medical psychologist, or psychiatric mental health nurse practitioner may consult and confer with the medical staff of the treatment facility and have the benefit of all information contained in the patient's medical record.
O. Prefrontal lobotomy shall be prohibited as a treatment solely for mental or emotional illness.
P. No medication may be administered to a patient pursuant to the provisions of this Chapter except upon the order of a physician, medical psychologist, or psychiatric mental health nurse practitioner. The physician, medical psychologist, or psychiatric mental health nurse practitioner is responsible for all medications which he has ordered and which are administered to a patient. A record of medications administered to each patient shall be kept in his medical record including all instances when a patient is administered medication without his consent. Medication shall not be used for nonmedical reasons such as punishment or for convenience of the staff.
Q. A person admitted to a treatment facility has the right to an individualized treatment plan and periodic review to determine his progress. The appropriate staff of the facility shall review the person's progress at least at intervals of thirty days. The staff shall enter into the person's medical record his response to medical treatment, his current mental status, and specific reasons why continued treatment is necessary in the current setting or whether a treatment facility is available which is medically suitable and less restrictive of the patient's liberty.
R. A person admitted to a treatment facility has the right to have available such treatment as is medically appropriate to his condition. Should the treatment facility be unable to provide an active and appropriate medical treatment program, the patient shall be discharged.
S. Any patient known by a director of a treatment facility to be practicing a well-recognized religious method of healing under the care of a duly accredited practitioner thereof shall not be ordered medically treated, unless he is, as a result of a mental disorder, a danger to himself or to others.
Amended by Acts 1972, No. 154, §1; Acts 1974, No. 294, §1; Acts 1977, No. 714, §1; Acts 1978, No. 680, §1; Acts 1978, No. 782, §1, eff. July 17, 1978; Acts 1990, No. 87, §1; Acts 1992, No. 798, §1, eff. July 7, 1992; Acts 1993, No. 891, §1, eff. June 23, 1993; Acts 1995, No. 436, §1; Acts 1995, No. 1287, §1, eff. June 29, 1995; Acts 1997, No. 985, §1; Acts 2006, No. 664, §1; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1.
The department and any entity which receives funding through a state contract to provide services to persons with needs relating to behavioral health, as defined in R.S. 28:2, shall provide, to the maximum extent possible, behavioral health treatment, services, and supports which are consistent with the following principles:
(1) Treatment, services, and supports assist in enabling people to exercise self-determination in their lives.
(2) Treatment, services, and supports assist in enabling people to achieve their maximum potential through increased independence, productivity, and inclusion in their communities.
(3) Personal outcomes and goals are considered in the development of individualized supports for each person.
(4) The community where the person chooses to live and work is an appropriate place to provide treatment, supports, and services.
(5) Persons with behavioral health needs are generally best able to determine their own needs, rather than their needs being determined by others.
(6) For children with behavioral health needs, the needs of the entire family should be considered in the development of family supports.
(7) Family supports may enable children to live in stable family environments with enduring relationships with one or more adults regardless of the severity of the behavioral health needs of the child or the degree of support necessary.
(8) Children and young adults with behavioral health needs receive and participate in an appropriate education which enables them to have increased opportunities for well being, development, and inclusion in their communities.
(9) Existing natural supports and community resources are promoted and utilized.
Acts 2012, No. 418, §1; Acts 2017, No. 369, §2.
A. The administrator of each state psychiatric hospital is authorized to receive and receipt for funds belonging to a patient and shall keep such funds on deposit for the use and benefit of the patient. Such funds shall be considered as being on deposit with an agency of the state of Louisiana and no bond shall be required of the department. Disbursement thereof shall be made only on order of the court having jurisdiction over the patient if he has been judicially interdicted or if not, an order of the person or governmental agency making the deposit in behalf of the patient.
B. When a patient dies who has funds on deposit to his credit, the administrator may at his discretion use whatever portion of those funds is needed to give the patient a decent burial. The remainder of the patient's funds may be claimed by his heirs by appropriate legal action. If such funds are not claimed by the heirs of a deceased patient within five years of the date of his death, then his funds shall become the property of the state and be used by the administrator for the benefit of other patients in the hospital.
Added by Acts 1954, No. 427, §1. Amended by Acts 1962, No. 160, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
Interest earned on funds of patients deposited with the psychiatric hospital shall be remitted to the individual patient.
Added by Acts 1954, No. 427, §2; Acts 2017, No. 369, §2.
Any person who, alone or in conspiracy with others, unlawfully, willfully, maliciously, and without reasonable cause, commits or attempts to commit any person not suffering from mental illness or a substance-related or addictive disorder to the extent that he requires care shall be fined not more than one thousand dollars, imprisoned for not more than one year, or both.
Amended by Acts 1954, No. 701, §1; Acts 2017, No. 369, §2.
Repealed by Acts 2017, No. 369, §7.
Any person who knowingly makes available any dangerous instrument or weapon to any client of any treatment facility shall be fined not more than five hundred dollars, imprisoned for not more than two years, or both.
Amended by Acts 2017, No. 369, §2.
Any person who knowingly makes available any intoxicant to any client of any treatment facility, except with the permission of the director or administrator, shall be fined not more than five hundred dollars, imprisoned for not more than one year, or both.
Amended by Acts 2017, No. 369, §2.
A. No person shall hold himself out to be a counselor with a specific specialty to provide mental health or substance-related or addictive disorder treatment services, or attempt to provide counseling services in this state, and receive fees either from the patient or a third party, unless he is authorized to practice in the specific specialty area by the appropriate state or regulatory authority.
B. Any person found to be in violation of this Section shall be fined not more than five hundred dollars, imprisoned for not more than one year, or both.
C. All persons found to be in violation of this Section shall be reported to the Louisiana Department of Health, where a database shall be kept of all violators.
Acts 2006, No. 612, §1; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1.
It is hereby declared to be a function of the Louisiana Department of Health to promote the establishment and administration of a community-based system of care, including but not limited to community behavioral health clinics for persons who have a mental illness, persons with developmental disabilities, or persons with both conditions as contemplated by the provisions of R.S. 40:2013.
Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 1997, No. 166, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
The department may continue to administer any such existing clinics, but its primary endeavor shall be to transfer responsibility for the administration of existing facilities or facilities that may hereafter be created to local associations, nonprofit corporations, police juries, school boards, municipalities, or other public agencies that have demonstrated a desire to establish, maintain, and operate facilities for persons who have a mental illness, developmental disabilities, or both conditions on a municipal, parish, or other local area basis.
Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
The department may lease to responsible local organizations or to the governing bodies of local public agencies any state-owned land, buildings, and equipment designed for or being operated as a behavioral health clinic.
Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
The department shall adopt standards of operation and maintenance of behavioral health centers and facilities for persons with developmental disabilities and the secretary shall enforce such rules and regulations as provided in R.S. 40:2017.7. The department shall have the right to enter upon and inspect community behavioral health and developmental disabilities centers and assay the efficiency of their operations for the purpose of determining compliance with or violation of any of the standards.
Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2014, No. 811, §14, eff. June 23, 2014.
The department may contract with local voluntary associations, nonprofit corporations, police juries, school boards, municipalities, or other public agencies providing for the administration of such centers by the contracting local authority out of any funds, including local, state, and federal funds or a combination thereof made available for the operation and maintenance of community behavioral health and developmental disabilities centers which have accepted allocation of funds as herein provided. The allocation of funds as herein authorized shall not have the effect of making the employees or officials of a community behavioral health or developmental disabilities center state employees or state officials. Such persons shall be employees or officials of the local governing authority or private corporation or association and the state shall not be held responsible by any court for the negligent act of any such persons. The department may stipulate in any such contract that it reserves the right to consult with local authorities relative to program, management, personnel, and facilities of a community behavioral health or developmental disabilities center.
Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2014, No. 811, §14, eff. June 23, 2014.
The department shall have final authority in determining the percentage not to exceed seventy-five percent of state and federal funds or either that may be allotted to any community behavioral health center as contemplated by R.S. 28:204 but the allocation may be cancelled at any time the department finds a community behavioral health or developmental disabilities center is violating any of the standards of operation and maintenance adopted under the provisions of R.S. 28:203.
Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2014, No. 811, §14, eff. June 23, 2014.
A. It is hereby declared to be the responsibility of the Louisiana Department of Health to promote the establishment of a continuum of care to house emotionally and behaviorally disturbed children and adults. This continuum of care may include but is not limited to group homes and supportive housing services, programs, and facilities.
B. The secretary of the Louisiana Department of Health shall determine the need for such care facilities, services, and programs in all areas of the state, and when he determines that such care is needed in a particular community, he shall so advise the governing body of the community of such need. The secretary will designate sites for such care facilities, services, and programs as funds are appropriated by the legislature.
C. Any site designated under this Section shall comply with any applicable local and state building or zoning ordinances and laws.
D. Any site selected by the secretary must be approved by the local governing authority.
Added by Acts 1978, No. 677, §1; Acts 1997, No. 166, §1; Acts 2018, No. 206, §1.
§211. Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
REPEALED BY ACTS 1989, NO. 662, §8, EFF. JULY 7, 1989.
Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
The office of the coroner in the parish of St. Tammany is hereby authorized to establish within his office a Coroner's Strategic Initiative for a Health Information and Intervention Program, referred to hereafter in this Part as "CSI/HIP".
Acts 2010, No. 907, §1; Acts 2011, 1st Ex. Sess., No. 13, §1; Acts 2018, No. 206, §1.
Subject to the availability of adequate funding, a CSI/HIP may perform any of the following functions:
(1) Provide a home-based support system, which shall not provide any behavioral health treatment but rather shall provide aid to the individual to ensure that the treatment protocol is being met and to access available behavioral health resources in the community for persons who satisfy all of the following criteria:
(a) The person was committed pursuant to Part III of this Chapter.
(b) The person has completed the treatment program and has been released.
(c) The person has voluntarily consented to have personnel of the coroner, performing duties in conjunction with the CSI/HIP, periodically visit the person at the person's residence.
(2) Establish a community resource center that is accessible by telephone or internet to provide twenty-four hour support for persons suffering from a mental illness or substance-related or addictive disorder by providing educational and outreach materials about the resources for behavioral health patients which are available in the community, including the location, transportation, and methods for accessing these resources.
(3) Apply for and receive any grants, funds, or monies from any foundation, nonprofit organization, or state or federal governmental agency or entity.
Acts 2010, No. 907, §1; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1.
A. Notwithstanding R.S. 28.2, for the purposes of this Section, "treatment facility" shall mean any healthcare facility which provides services or treatment to a person who is suffering from a mental illness or substance-related or addictive disorder except for a nursing home as defined in R.S. 40:2009.2.
B. A treatment facility shall provide to all individuals in the parish suffering from a mental illness or substance-related or addictive disorder upon discharge or release an information and consent form which details the information, programs, and services which can be provided by the CSI/HIP to individuals suffering from mental illness and substance-related or addictive disorders and includes a voluntary consent form for the individual to complete if the individual desires to have the treatment facility notify the CSI/HIP on behalf of the individual that the individual would like to be contacted by the CSI/HIP to receive additional information about the program.
C. The information and consent forms shall be provided to the treatment facility by the CSI/HIP.
Acts 2010, No. 907, §1; Acts 2017, No. 369, §2.
A. Prior to personnel of the coroner's office or CSI/HIP providing any home-based supports or services to an individual, the personnel of the coroner's office or of the CSI/HIP shall provide to the individual in writing a full disclosure of all services to be provided, frequency of home visits, and notice that the individual may withdraw his consent in writing at any time. In addition, the individual shall also consent in writing to the list of persons, if any, with whom the personnel of the coroner or the CSI/HIP may discuss his behavioral health condition.
B. The personnel of the office of the coroner or the CSI/HIP shall ensure that if any protected health information of an individual is to be obtained from any healthcare provider that the information is obtained in accordance with the Health Insurance Portability and Accountability Act of 1996.
C. The office of the coroner or the CSI/HIP shall provide a copy to the individual of all signed consent forms.
D. All records of interviews, questionnaires, reports, statements, notes, and memoranda procured by and prepared by employees or agents of the office of the coroner or by any other person, agency, or organization acting jointly with that office pursuant to a function which is authorized by R.S. 28:215.2 shall be deemed nonpublic and confidential information.
Acts 2010, No. 907, §1; Acts 2017, No. 369, §2.
A. Each coroner establishing the program authorized in R.S. 28:215.1 shall establish a Coroner's Strategic Initiative for a Health Information and Intervention Program Advisory Board to advise the coroner on matters related to the services and programs provided through the Coroner's Strategic Initiative for a Health Information and Intervention Program. The advisory board shall serve the coroner only in an advisory capacity and shall not have any control or authority over the services or programs provided or funds expended by the office of the coroner to carry out the functions of the Coroner's Strategic Initiative for a Health Information and Intervention Program. The advisory board shall be domiciled in the same parish in which the CSI/HIP is maintained.
B. The membership of the advisory board shall be the following:
(1) The executive director of the coroner's office, who shall also serve as the chairperson of the advisory board.
(2) The director of the Mental Health Advocacy Service or his designee.
(3) One member appointed by the chief executive officer of a hospital within the parish where the CSI/HIP is located and which operates a psychiatric ward.
(4) One member appointed by the executive director of the human services authority or district which serves the parish where the CSI/HIP is located.
(5) One member appointed by the National Alliance on Mental Illness for the parish in which the CSI/HIP is located.
(6) One member appointed by the Ministerial Alliance for the parish in which the CSI/HIP is located.
(7) One member appointed by the coroner who is a member of a civic organization which provides charitable resources or services to low-income patients in the parish where the CSI/HIP is located.
C. Meetings of the advisory board shall be held at a time and place as determined by the chairperson or when requested by a majority of the board members. Notice of all meetings of the board, together with an agenda of the business to come before the board, shall be provided to the public. The board shall be subject to the Open Meetings Law (R.S. 42:11 et seq.) and the Public Records Law (R.S. 44:1 et seq.). A majority of the individuals appointed to the board shall constitute a quorum.
D. Members of the board shall serve on a voluntary basis and shall not receive any compensation or reimbursement for expenses.
Acts 2010, No. 907, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2018, No. 206, §1.
A. Any and all personnel of the office of the coroner, who are performing duties in conjunction with the Coroner's Strategic Initiative for a Health Information and Intervention Program ("CSI/HIP"), shall be immune from criminal penalties or civil damages resulting from any act, decision, omission, communication, or any failure to act, which is made in good faith, including but not limited to any action pursuant to Part XXIII of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, while engaged in the performance of the functions provided for in R.S. 28:215.2, unless the damage or injury is caused by willful or wanton negligence or gross misconduct.
B. For the purposes of this Section, the "personnel of the office of the coroner" shall mean any person who provides services or furnishes assistance pursuant to this Part, including an employee, contractor, or volunteer.
Acts 2010, No. 907, §1.
As used in this Part:
(1) "Advance directive for behavioral health treatment" or "advance directive" means a written document voluntarily executed by a principal in accordance with the requirements of this Part and includes a declaration or the appointment of a representative or both.
(2) "Behavioral health treatment" means treatment of mental illness with psychotropic medication, admission to and retention in a treatment facility, or outpatient services. However, " behavioral health treatment" shall not include admission to or retention in a treatment facility for a period in excess of fifteen days.
(3) "Declaration for behavioral health treatment" or "declaration" means a written document executed by a principal, in accordance with the requirements of this Part, setting forth preferences or instructions regarding behavioral health treatment in the event the principal is determined to be incapable and behavioral health treatment is necessary.
(4) "Director" or "administrator" means a person in charge of a treatment facility or his deputy.
(5) "Incapable" means that, due to any infirmity, the principal is currently unable to make or to communicate reasoned decisions regarding the principal's behavioral health treatment.
(6) "Outpatient services" means treatment for a mental illness or a substance-related or addictive disorder that is obtained on an outpatient basis.
(7) "Physician" means an individual licensed to practice medicine by the Louisiana State Board of Medical Examiners.
(8) "Principal" means an individual who has executed an advance directive for behavioral health treatment.
(9) "Provider" means a behavioral health treatment provider.
(10) "Psychologist" means a clinical or medical psychologist who is licensed to practice psychology in Louisiana.
(11) "Representative" means a competent adult validly appointed under R.S. 28:223 to make behavioral health treatment decisions for a principal and also means an alternative representative.
(12) "Treating physician" means the physician who has primary responsibility for the behavioral health treatment of the principal.
(13) "Treatment facility" shall have the same meaning as provided in R.S. 28:2.
Acts 2001, No. 755, §1; Acts 2009, No. 251, §7, eff. Jan. 1, 2010; Acts 2017, No. 369, §2; Acts 2021, No. 238, §2.
A. An adult who is not incapable may make an advance directive for behavioral health treatment. The preferences or instructions may include consent to or refusal of behavioral health treatment.
B. An advance directive for behavioral health treatment shall continue in effect for a period of five years or until revoked, whichever occurs first. The authority of a named representative and any alternative representative named in the advance directive for behavioral health treatment shall continue in effect as long as the advance directive appointing the representative is in effect or until the representative has withdrawn.
C. If an advance directive for behavioral health treatment has been delivered to the principal's treating physician or other provider and the principal has been determined to be incapable pursuant to R.S. 28:226, at the expiration of five years after its execution, it shall remain effective until the principal is no longer incapable.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
An advance directive for behavioral health treatment may designate a competent adult to act as a representative to make decisions about behavioral health treatment. An alternative representative may also be designated to act as representative if the original designee is unable or unwilling to act at any time. A representative who has accepted the appointment in writing may make decisions about behavioral health treatment on behalf of the principal only when the principal is determined to be incapable pursuant to R.S. 28:226. The decisions shall be consistent with any desires the principal has expressed in the declaration.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
A. An advance directive for behavioral health treatment shall be valid only if it is signed by the principal and two competent witnesses and accompanied by a written psychiatric examination performed by a physician or psychologist attesting to the principal's ability to make reasoned decisions concerning his behavioral health treatment. The witnesses shall attest that the principal is known to them, signed the advance directive in their presence, and does not appear to be unable to make reasoned decisions concerning his behavioral health treatment or under duress, fraud, or undue influence. Individuals specified in R.S. 28:234 may not act as witnesses.
B. In determining the principal's ability, the physician or psychologist should consider all of the following:
(1) Whether the principal demonstrates an awareness of the nature of his illness and situation.
(2) Whether the principal demonstrates an understanding of treatment and the risks, benefits, and alternatives.
(3) Whether the principal communicates a clear choice regarding treatment that is a reasoned one, even though it may not be in the person's best interest.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
A. An advance directive shall become operative when it is delivered to the principal's treating physician or other behavioral health treatment provider and shall remain valid until revoked or expired.
B. The treating physician or provider shall act in accordance with an operative advance directive when the principal has been found to be incapable pursuant to R.S. 28:226. Notwithstanding the operative advance directive, the treating physician or provider shall endeavor to communicate with the principal regarding his proposed behavioral health treatment and even continue to obtain the principal's informed consent to all behavioral health treatment decisions if the principal is capable of providing informed consent or refusal.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
A. The incapacity of a principal shall be established by two physicians who have personally examined the principal, determined that he is incapable, and signed a written certificate. The written certificate shall be made part of the principal's medical record.
B. The determination that the principal has regained his capacity while in the treatment facility shall be made by any licensed physician and entered in the principal's medical record. The principal automatically regains his capacity when he is discharged from the treatment facility.
Acts 2001, No. 755, §1.
A. The representative shall not have the authority to make behavioral health treatment decisions unless the principal is determined to be incapable as provided in R.S. 28:226.
B. The representative shall not be, as a result of acting in that capacity, personally liable for the cost of treatment provided to the principal.
C. Except to the extent the right is limited by the advance directive or any state or federal law, a representative shall have the same right as the principal to receive information regarding both proposed and administered behavioral health treatment and to receive, review, and consent to disclosure or use of medical records relating to that treatment. This representative's right of access to the principal's behavioral health treatment information shall not waive any evidentiary privilege.
D. In exercising authority under the advance directive, the representative shall act consistently with the expressed desires of the principal. If the principal's desires are not expressed in the advance directive and not otherwise known by the representative, the representative shall act in what the representative in good faith believes to be the best interests of the principal.
E. A representative shall not be subject to criminal prosecution, civil liability, or professional disciplinary action for any action taken in good faith pursuant to an advance directive for behavioral health treatment.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
An individual shall not be required to execute or to refrain from executing an advance directive for behavioral health treatment as a criterion for insurance, as a condition for receiving behavioral or physical health services, or as a condition of discharge from a treatment facility.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
A. Upon being presented with an advance directive for behavioral health treatment, a physician or other provider shall make the advance directive a part of the principal's medical record. When acting under authority of an advance directive, a physician or provider shall comply with it to the fullest extent possible, consistent with the appropriate standard of care, reasonable medical practice, the availability of treatments requested, and applicable law. If the physician or other provider is unable or unwilling at any time to carry out preferences or instructions contained in an advance directive for behavioral health treatment or the decisions of the representative, the physician or provider may withdraw from providing treatment to the principal.
B. Such withdrawal shall be consistent with the continuity of the appropriate standard of care by the withdrawing physician or provider ensuring that another physician or provider agrees to treat the principal prior to the effectiveness of his withdrawal. Upon withdrawal, a physician or provider shall promptly notify the principal and the representative and document the notification in the principal's medical record. A withdrawal of a physician or provider pursuant to the provisions of this Section shall not be construed to constitute patient abandonment.
C. For the purposes of this Section, "physician" means the treating physician or any other physician proposing or administering behavioral health treatment to the principal.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
A. The physician or provider may subject a principal determined to be incapable pursuant to R.S. 28:226 to behavioral health treatment in a manner contrary to the principal's wishes as expressed in an advance directive for behavioral health treatment only:
(1) In case of an emergency when the principal's instructions have not been effective in reducing the severity of the behavior that has caused the emergency. An emergency occurs when the principal presents an imminent and significant danger of physical harm to himself or others.
(2) When the treating physician determines that psychotropic medication is essential and after compliance with the following procedures:
(a) When a principal's advance directive for behavioral health treatment or his representative refuses medication that the treating physician believes is essential, the director or administrator of the treatment facility shall conduct an administrative review to determine whether the principal should be forcibly medicated contrary to his wishes.
(b) The director shall provide written notice to the principal, his representative, if any, and an attorney from the Mental Health Advocacy Service (MHAS) no less than forty-eight hours, excluding weekends and holidays, before the administrative review. The notice shall include the time and place of the administrative review, the diagnosis, and reasons why the physician believes the medication is necessary. The principal's expressed wishes shall be followed pending the administrative review. The administrative review shall be held no later than seventy-two hours after the time that the MHAS has been notified, excluding weekends and holidays, unless the patient and the facility agree to a continuance.
(c) The MHAS attorney shall represent the principal at the administrative review unless the principal chooses someone else to represent him.
(d) A principal may be medicated contrary to the wishes expressed in his advance directive if, based on a review of the advance directive and the reasons stated therein, the patient's medical chart, a personal examination of the patient, the wishes of the principal's representative, if any, and the recommendations of the treating physician, the director determines that the medication is medically essential. The director shall consider the following criteria in making that decision:
(i) The patient has a mental illness and is dangerous to himself or others or gravely disabled without the medication.
(ii) The medication is the least restrictive alternative.
(iii) The medication is the most medically appropriate.
(iv) The medication offers a significant likelihood of improvement in the patient's condition or a speedier recovery and his condition is of such severity that unless the medication is administered the patient's medical condition is very unlikely to improve.
(v) The expected benefits from the medication outweigh the known risks and potential side effects.
(vi) All other reasonable alternatives, including those set forth in the advance directive, have been exhausted.
(e) The director shall require the attendance of the patient at the hearing unless extraordinary circumstances exist precluding his attendance. The principal and the hospital have the right to present evidence and cross-examine witnesses.
(f) The director's decision shall be in writing, shall address each of the criteria, and shall give reasons for the decision. All of the criteria in Subparagraph (d) of this Paragraph shall be met in order to medicate the principal against his expressed wishes.
(g) The director's decision to administer medication contrary to the advance directive should specify the length of time the decision to medicate the principal is to remain valid. The decision shall be effective for no more than sixty days or termination of the principal's stay at the treatment facility, whichever occurs first, unless a new request for an administrative review is made prior to the expiration of the original order and the patient is still hospitalized. If at any time the director believes that the medication is no longer necessary, he shall order the measures discontinued.
(h) The director shall provide the principal, his representative, if any, and the attorney from the Mental Health Advocacy Service with a copy of the decision.
(i) For purposes of this Section, the director of a treatment facility must be a psychiatrist who is not involved in providing medication to the patient. If the director does not meet those criteria, he shall designate a psychiatrist who is not involved in the medication of the patient.
B. An advance directive shall not limit the authority provided in this Chapter to take a principal into protective custody or to involuntarily admit or commit a principal to a treatment facility.
C. An advance directive shall not authorize admission to or retention in a treatment facility for a period in excess of fifteen days.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
An advance directive for mental health treatment may be revoked in whole or in part at any time by the principal if the principal is not incapable. Revocation shall be effective when a principal who is not capable communicates the revocation to the treating physician or other provider. The treating physician or other provider shall note the revocation as part of the principal's medical record.
Acts 2001, No. 755, §1.
A physician or provider who administers or does not administer behavioral health treatment according to and in good faith reliance upon the validity of an advance directive for behavioral health treatment shall not be subject to criminal prosecution, civil liability, or professional disciplinary action resulting from a subsequent finding of an advance directive's invalidity.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
The following individuals shall be prohibited from serving as a representative:
(1) The treating physician, provider, or an employee of the physician or provider if the physician, provider, or employee is unrelated to the principal by blood, marriage, or adoption.
(2) An owner, operator, or employee of a treatment facility in which the principal is a patient, client, or resident if the owner, operator, or employee is unrelated to the principal by blood, marriage, or adoption.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
The following individuals shall be prohibited from serving as a witness to the signing of an advance directive for behavioral health treatment:
(1) The treating physician, provider, or a relative of the physician or provider.
(2) An owner, operator, or relative of an owner or operator of a behavioral health treatment facility in which the principal is a patient or resident.
(3) An individual related to the principal by blood, marriage, or adoption.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
A. A representative may withdraw by giving notice to the principal. If a principal is incapable, the representative may withdraw by giving notice to the treating physician or provider. The treating physician or provider shall document the withdrawal as part of the principal's medical record.
B. An individual who has withdrawn under the provisions of Subsection A of this Section may rescind the withdrawal by executing an acceptance after the date of the withdrawal. An individual who rescinds a withdrawal shall give notice to the principal if the principal is capable or to the principal's physician or provider if the principal is incapable.
Acts 2001, No. 755, §1.
The Louisiana Department of Health, in consultation with the Mental Health Advocacy Service, shall develop a form to implement the provisions of this Part.
Acts 2001, No. 755, §1.
Repealed by Acts 2022, No. 252, §1.
Repealed by Acts 2022, No. 252, §1.
Repealed by Acts 2022, No. 252, §1.
Repealed by Acts 2022, No. 252, §1.
Repealed by Acts 2022, No. 252, §1.
Repealed by Acts 2022, No. 252, §1.
Repealed by Acts 2022, No. 252, §1.
Repealed by Acts 2022, No. 252, §1.
Repealed by Acts 2022, No. 252, §1.
Repealed by Acts 2022, No. 252, §1.
Repealed by Acts 2022, No. 252, §1.
Repealed by Acts 2011, No. 207, §9.
REPEALED BY ACTS 1989, NO. 662, §8, EFF. JULY 7, 1989.
REPEALED BY ACTS 1989, NO. 662, §8, EFF. JULY 7, 1989.
REPEALED BY ACTS 1989, NO. 662, §8, EFF. JULY 7, 1989.
REPEALED BY ACTS 1989, NO. 662, §8, EFF. JULY 7, 1989.
REPEALED BY ACTS 1989, NO. 662, §8, EFF. JULY 7, 1989.
REPEALED BY ACTS 1989, NO. 662, §8, EFF. JULY 7, 1989.
Repealed by Acts 2011, No. 207, §9.
Repealed by Acts 2011, No. 207, §9.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 90, §2, eff. June 21, 2005.
Repealed by Acts 2008, No. 373, §4, eff. June 21, 2008.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
A. This Chapter shall be cited as the "Developmental Disability Law".
B. It is the purpose of this Chapter to provide for a developmental disabilities services system that values all persons with developmental disabilities and affirms and protects their fundamental rights and privileges as citizens of Louisiana and the United States of America. This system shall be based on the premise established in the Developmental Disabilities Assistance and Bill of Rights Act, that disability is a natural part of the human experience that does not diminish the right of persons with developmental disabilities to exert control and choice over their own lives, and fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural and educational mainstream of society.
C. It is the intent of this Chapter to delineate the principles of the system, the rights of persons with developmental disabilities, the definitions used in this Chapter, the system process, the roles and responsibilities within the system, and other issues that will guide the provision of supports and services for persons with developmental disabilities.
D. It is the intent of this Chapter to establish that the office for citizens with developmental disabilities within the Louisiana Department of Health will be responsible for the programmatic leadership in the designing and developing of all developmental disabilities services provided by the department either directly or pursuant to agreements with public and private providers. It is also the intent of this Chapter to enable the office to provide developmental disabilities services and supports consistent with the rights and principles within this Chapter, to the extent possible.
E. It is the intent of this Chapter to establish a system that affirms and supports the principles of self-determination and full inclusion of all persons with developmental disabilities to live, work, and participate in leisure activities in their community as they choose and to the extent possible.
F. This law shall be made available in alternative formats upon request from the following:
(1) Office for citizens with developmental disabilities.
(2) Human services authorities and districts.
(3) Governor's Office of Disability Affairs.
(4) Developmental Disabilities Council.
(5) The Advocacy Center.
(6) Human Development Center.
G. The provisions of this Chapter shall not be construed to delete, change, affect, or decrease the requirements of R.S. 17:1941 through 1959 regarding Special School District No. 1 or the Louisiana Department of Education, or both.
Acts 2005, No. 128, §1, eff. June 22, 2005.
As used in this Chapter, the following words, terms, and phrases shall have the meaning ascribed to them in this Section, except when the context clearly indicates a different meaning:
(1) "Administrative units" means developmental centers and any other unit established under the administration and supervision of the office.
(2) "Appropriate" means all of the following:
(a) In accordance with standards of the Louisiana Department of Health and the provisions of this Chapter.
(b) In the most integrated setting that adequately addresses the diverse support needs of the person.
(c) In accordance with the person's support plan.
(3) "Assistant secretary" means the assistant secretary of the office for citizens with developmental disabilities of the Louisiana Department of Health.
(4) "Community home" means a living option, certified, licensed, or monitored by the Louisiana Department of Health, where six or fewer people with developmental disabilities reside.
(5) "Dangerous to others" means the condition of a person whose behavior or significant threats support a reasonable expectation that there is a substantial risk that he will inflict physical harm upon another person in the near future.
(6) "Dangerous to self" means the condition of a person whose behavior, significant threats, or inaction supports a reasonable expectation that there is a substantial risk that he will inflict significant physical or severe emotional harm upon his own person; or the inability of a person, independently or with the help of willing and responsible family members or friends, to meet his own basic physical needs; or his inability to protect himself from serious harm due to his inability to discern the dangers and hazards found in everyday life.
(7) "Department" means the Louisiana Department of Health.
(8) "Determination" means determination of eligibility for entry into the system.
(9) "Developmental center" means an administrative unit of the office under its administration, supervision, and control through which the office provides and develops developmental disabilities services and system capacity building efforts. Developmental centers are responsible for:
(a) Planning and providing living options and other developmental disabilities services as determined by the office.
(b) Stimulating and supporting capacity building within the system through resource centers, technical assistance, training, and other means as determined by the office.
(10) "Developmental disabilities services" means programs, services, and supports for persons with developmental disabilities that include but are not limited to information and referral services, support coordination services, system entry services, development of the support profiles and plans, individual and family support services, living options, habilitation services, and vocational services.
(11) "Developmental disability" means either:
(a) A severe, chronic disability of a person that:
(i) Is attributable to an intellectual or physical impairment or combination of intellectual and physical impairments.
(ii) Is manifested before the person reaches age twenty-two.
(iii) Is likely to continue indefinitely.
(iv) Results in substantial functional limitations in three or more of the following areas of major life activity:
(aa) Self-care.
(bb) Receptive and expressive language.
(cc) Learning.
(dd) Mobility.
(ee) Self-direction.
(ff) Capacity for independent living.
(gg) Economic self-sufficiency.
(v) Is not attributed solely to mental illness.
(vi) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.
(b) A substantial developmental delay or specific congenital or acquired condition in a person from birth through age nine which, without services and support, has a high probability of resulting in those criteria in Subparagraph (a) of this Paragraph later in life that may be considered to be a developmental disability.
(12) "Facility administrator" means the official appointed as the head of a state or privately operated residential facility and includes anyone designated by the facility administrator to act on behalf of the facility administrator.
(13) "Group home" means a living option, certified, licensed, or monitored by the department, where seven to fifteen people with developmental disabilities reside.
(14) "Human services authority or district" means a special authority or district provided for in Chapter 21 of this Title that has assigned powers, duties, and functions regarding the delivery of mental health, developmental disabilities, and addictive disorders services funded by appropriations from the state and provided through memoranda of agreement with the program offices of the department. In addition to any other duties prescribed in this Title, human services authorities and districts are responsible for all of the following:
(a) Providing determination for entry into the system, development of the support profile, and support coordination.
(b) Providing individual and family support services, living options, and other developmental disabilities services directly or by contract or individual agreements as determined by the office.
(15) "Interdisciplinary review" means a review by a team of professionals for the purpose of determining the presence of a developmental disability as defined in this Chapter. Professionals conducting this review must have knowledge of diagnoses and functional limitations associated with developmental disabilities.
(16) "Interdisciplinary team" means a group that reviews information, data and input from a person to make recommendations relevant to the needs of the person. The team consists of the person, his legal representative if applicable, professionals of varied disciplines who have knowledge relevant to the person's needs, and may include his family members along with others the person has designated.
(17) "Living options" means a variety of service settings wherein people with developmental disabilities live, including but not limited to extended family living, supported living, community homes, group homes, and residential facilities.
(18) "Most integrated setting" is an environment that includes the full range of service and support options that reflect the desires and goals of the person and that address the needs of the person and which promotes the full participation in daily life and activities.
(19) "Office" or "OCDD" means the office for citizens with developmental disabilities within the Louisiana Department of Health.
(20) "Person" means a person with a developmental disability. It is also understood that it includes the legal representative of the person in instances where one has been appointed to act on behalf of the person.
(21) "Plan coordinator" means the individual who is responsible for guiding the support team in development of the support plan for the person with a disability. The plan coordinator assures that the goals identified by the person are addressed in the support plan.
(22) "Provider" means a person, partnership, corporation, state agency, or other entity that provides developmental disabilities services and receives either state or federal funds or both.
(23) Repealed by Acts 2015, No. 20, §2, eff. May 29, 2015.
(24) "Residential facilities" means living options that are certified and licensed by the department to provide residential services to sixteen or more persons.
(25) "Services" means developmental disability services.
(26) "Substantial functional limitations" means documented evidence of limitations in present functioning considered within the context of community environments typical of the age, peers, and culture of the person.
(27) "Support plan" means an individualized plan that coordinates supports and services to assist the person in reaching his desired outcomes and reflects the vision, personal preferences, life goals, and diverse formal and informal support needs of the person. The plan is developed by the person and his support team. Persons with developmental disabilities, family members and others chosen by the person or the family, and those legally empowered to make decisions for the person, are the primary decision makers regarding services and supports such persons receive, including the choice of available living options.
(28) "Support profile" means a summary of identified supports or services that addresses the expressed needs and desires of the person and that is used in the development of the support plan for that person. It is developed prior to the person receiving supports or services.
(29) "Support team" means a team consisting of a person with a developmental disability, his plan coordinator, and may include his family and others whom the person chooses to assist him in developing a support plan.
(30) "System" means the developmental disabilities services system.
Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2015, No. 20, §1, eff. May 29, 2015.
A. The provisions of this Chapter shall be administered and coordinated by the office according to regulations promulgated by the office in accordance with the Administrative Procedure Act with input from state and local advisory committees. These rules shall be applicable to all public and private providers of developmental disabilities services. The office, through human services authorities and districts, shall serve as the single point of entry into the system.
B. The assistant secretary of the office for citizens with developmental disabilities shall be the administrative head of the office and shall be fully responsible for the administration of the office, its administrative units, and the establishment of all programmatic policies for services and supports for persons with developmental disabilities and their families delivered under the auspices of the department.
C. The human services authorities and districts authorized by state law shall be responsible for meeting the requirements assigned to the office by this Chapter for local developmental disabilities services delivery, development, and implementation in the area of their geographic assignment.
D.(1) Human services authorities and districts shall maintain advisory committees. These advisory committees shall perform all of the following functions:
(a) Provide public input into the authority or district planning process and comment on regulations proposed by the office.
(b) Receive timely information on the budgets of their respective human services authorities and districts, in addition to information on implementation of all services and quality assurance reports by those authorities and districts, and advise the authorities and districts.
(c) Collaborate with the human services authorities and districts to develop outreach plans for each geographic area. Such outreach plans shall provide for public dissemination of information regarding developmental disabilities and the services available through the human services authorities and districts.
(2) Each advisory committee shall be composed of a minimum of twelve members who represent positions and philosophies held by various groups and advocates for persons with developmental disabilities. The membership of each advisory committee shall include, but not be limited to:
(a) Persons with developmental disabilities.
(b) Parents and family members representing a cross section of developmental disabilities services.
(c) Private providers.
(d) Representatives of advocacy organizations and community stakeholders representing a cross section of developmental disabilities services.
(e) Public providers and administrators of administrative units and human services authorities and districts, who may be appointed as ad hoc, non-voting members of the advisory committee.
E. The local authority, organized as a human services authority or district, shall discharge the following duties:
(1) Appoint the committee members from names submitted by consumer, provider, and advocacy groups, with the approval of the assistant secretary of the office, who shall ensure that committee composition is in compliance with the state law.
(2) Ensure that at least sixty percent of the membership of each committee is composed of persons with developmental disabilities and parents and family members representing a cross section of developmental disabilities services.
F.(1) The office shall establish a state advisory committee which shall be organized as follows:
(a) The state advisory committee shall consist of at least two people from each human services authority or district advisory committee.
(b) At least sixty percent of the membership shall be comprised of persons with developmental disabilities and parents and family members representing a cross section of developmental disabilities services.
(c) The membership of the state advisory committee shall include at a minimum, but not be limited to the following:
(i) Persons with developmental disabilities.
(ii) Parents and family members representing persons who receive a cross section of developmental disabilities services.
(iii) Private providers.
(iv) A representative of the American Federation of State, County, and Municipal Employees Council #17.
(v) Representatives of advocacy organizations representing a cross section of developmental disabilities services.
(vi) Public providers and administrators of local administrative units and human services authorities and districts, who may be appointed as ad hoc, non-voting members of the state advisory committee.
(2) The assistant secretary of the office shall appoint the committee members, with the approval of the secretary of the department, from names submitted by the regional advisory committees.
(3)(a) The state advisory committee shall coordinate with all human services authority and district advisory committees, and shall use data provided by those committees in the deliberations of the committee.
(b) The state advisory committee shall provide public input to the office regarding proposed regulations and the development of state planning and budget.
G. The regulations promulgated by the office pursuant to this Section shall:
(1) Promote coordination among the office, human services authorities and districts, and state and local advisory committees.
(2) Promote responsiveness by the office and human services authorities and districts to input from persons who receive developmental disabilities services and family members and providers regarding the delivery of services.
H. The department shall promulgate rules and regulations for the assessment of charges in accordance with the ability to pay and in accordance with applicable state or federal law and the following:
(1) It is not the intent of this Chapter that developmental disabilities services be provided at no cost to persons who are financially able to pay for these costs, in whole or in part.
(2) The person shall pay, in whole or in part, the costs of the developmental disabilities supports and services for which the person may be liable under provisions of this Chapter.
Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2015, No. 20, §1, eff. May 29, 2015.
A. The office shall administer, supervise, and be responsible for the operation of state developmental centers providing developmental disabilities services.
B. Pinecrest Supports and Services Center is continued as an administrative unit of this office.
C. Central Louisiana Supports and Services Center shall be an administrative unit of this office.
D. The facility administrator of each center shall recommend to the secretary of the Louisiana Department of Health policies and procedures necessary for the proper and orderly operation of the facility. Such policies and procedures shall be consistent with principles of this Chapter, office policies, and all applicable federal and state laws and regulations. Policies and procedures developed pursuant to this Subsection shall not be implemented until approved by the secretary.
Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2007, No. 325, §1, eff. July 9, 2007; Acts 2012, No. 232, §1, eff. May 22, 2012; Acts 2015, No. 20, §1, eff. May 29, 2015; Acts 2019, No. 411, §2, eff. June 20, 2019.
A. The office may provide developmental disabilities services directly pursuant to R.S. 28:451.3 or through written agreements with public or private providers meeting state and federal regulations. Such written agreements may be with any person, organization, agency, or corporation that complies with the requirements of this Chapter, including but not limited to licensure regulations promulgated pursuant to this Chapter, and such other applicable regulations promulgated by the department.
B. Developmental disabilities services shall be consistent with the principles in this Chapter in order to receive state or federal funds or both.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. By receiving services from and living in a licensed, state-operated, twenty-four-hour residential facility provided by or through the office, the person shall be deemed to have made an assignment to the department of his right, title, and interest in any property he owns, including interest in any trust or succession, up to the cost of the services actually provided. The portion of property and all assets which, pursuant to federal regulations or statute, the person may retain and still maintain eligibility for coverage under Title XIX of the Social Security Act programs or successor programs shall be exempt from such assignment.
B. The department shall be subrogated to the rights of any such person with regard to such property to the full extent of the costs due for providing such services to the person. The department shall be required to initiate or intervene in any civil actions, either in the name of the department or in the name of the person, in order to collect such costs.
C. This Section shall be liberally construed in order to effectuate its purpose.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. The rights that are specifically enumerated in this Part are in addition to all other rights of persons with developmental disabilities protected under state and federal law and all rights enjoyed by all citizens of Louisiana. This listing of rights is neither exclusive of nor intended to infringe upon any civil rights that are guaranteed to all people. These rights are protected regardless of the place or residence of the person, type of service or support, ability to exercise these rights or choice to exercise these rights. It is the intent of this Chapter that these rights shall be applied in the provision of supports and services to persons with developmental disabilities.
B. The rights of persons with developmental disabilities, unless expressly or specifically restricted in accordance with federal or state laws, include the following rights:
(1) To receive timely a determination for entry into the system and, if the person is thought to have a developmental disability, to have an expeditious diagnosis and evaluation and arrangement of services and supports to the fullest extent possible.
(2) To have and to participate in the preparation of a support plan as defined in R.S. 28:451.2, to have the support plan reviewed annually, and to request review of the support plan, and modification if indicated, at reasonable intervals.
(3) To have access to his records.
(4) To receive developmental disabilities services and supports consistent with personal needs and choices in the most integrated setting appropriate, taking into account the resources available to the state and the needs of others with developmental disabilities.
(5) To receive supports and services that address the desires and goals of the person.
(6) To receive supports and services in a respectful and in the least intrusive manner.
(7) To communicate in private by telephone, uncensored mail, or otherwise, with people inside or outside the place of residence of the person.
(8) To receive visitors.
(9) To self-direction.
(10) To privacy of person and belongings.
(11) To practice the religion of his choice.
(12) To access his medical information and records, to communicate with medical personnel and to consent to medical treatment in accordance with this Chapter.
(13) To engage in leisure, recreational and other related activities.
(14) To receive reasonable accommodation in the proceedings and activities of the developmental disabilities services system, including the application for and provision of supports and services and communication about such supports and services.
(15) To withdraw from any developmental disabilities services or supports to which the person has been admitted voluntarily and not be detained longer than seventy-two hours excluding Saturdays, Sundays and holidays, after executing a written request of discharge, or unless a commitment proceeding is instituted by the department or others as set forth in this Chapter during the seventy-two-hour period.
(16) To be informed both orally and in writing of the rights of the person under the system, both during the determination process and at intervals specified in office policy, using language and a communication system that effectively communicates those rights to the person.
(17) To be informed of the procedures that will be used to decide the type and amount of developmental disabilities services and supports provided to the person and the location of the services and supports.
(18) To have access to legal assistance and to be visited by his attorney at all times, and to communicate privately with his attorney and with the committing court, if applicable.
(19) To refuse specific services and supports unless refusal would pose a danger to himself or to others.
Acts 2005, No. 128, §1, eff. June 22, 2005.
The department through the office shall provide developmental disabilities services and supports consistent with the following principles, to the extent possible:
A. Supports assist in enabling people to exercise self-determination in their lives.
B. Supports assist in enabling people to achieve their maximum potential through increased independence, productivity, and inclusion in their communities.
C. Personal outcomes and goals are considered in the development of individualized supports for each person.
D. The community where the person chooses to live and work is the optimum place to provide supports and services.
E. Persons and families are generally best able to determine their needs, rather than their needs being determined by others.
F. The needs of the entire family are considered in the development of family supports.
G. Family supports enable children to live in stable family environments with enduring relationships with one or more adults regardless of the severity of the disability of the child or the degree of support necessary.
H. Children and young adults with disabilities receive and participate in an appropriate education which enables them to have increased opportunities for well being, development and inclusion in their communities.
I. Existing natural supports and community resources are promoted and utilized.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. The term "ombudsman" shall refer to a person who is trained and certified as required by the Department of Justice.
B. The ombudsman program is established in the Department of Justice for the purpose of monitoring care received by persons with developmental disabilities residing in state-licensed facilities for persons with developmental disabilities funded through the department excluding state-operated residential care facilities.
C. The Department of Justice shall adopt rules and regulations, in accordance with the provisions of the Administrative Procedure Act, dealing with the following:
(1) The governance of the certification and training program for the establishment of the ombudsman program.
(2) The required training program shall include all of the following:
(a) Rights of persons with developmental disabilities.
(b) Complaint resolutions.
(c) Community resources.
(d) An understanding of developmental disabilities.
D. Certification shall be valid for one year. An ombudsman may be decertified for misconduct, incompetence, or material neglect of duty.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. The ombudsman shall have the following functions and responsibilities:
(1) To receive, investigate, and resolve complaints made by or on behalf of persons who live in facilities described in this Chapter concerning any act, omission, practice, or procedure that may adversely affect the health, safety, or welfare of any such person.
(2) To visit such facilities on a regular basis, in order to become acquainted with the persons living there, their families, facility administration, and facility personnel.
(3) To serve as a liaison between persons living there, their families, facility administration, and facility personnel.
(4) To encourage persons living there in self advocacy when problems are expressed and to make recommendations to the facility, group home, or community home administration for the appropriate resolution of the problem.
(5) To promote awareness of the ombudsman program.
B. No person may serve as an ombudsman without appropriate training and certification.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. The ombudsman shall have immediate access to any person living in a licensed facility described in this Chapter in the reasonable conduct of the functions and responsibilities of the ombudsman, shall inform the administrator or person in charge upon entering the facility, group home, or community home, and shall perform the ombudsman functions and responsibilities in the manner that is least disruptive of care and activities.
B. In performing the functions and responsibilities of the ombudsman, the ombudsman may engage in the following actions:
(1) Communicate privately and confidentially with persons living at the facilities.
(2) Review or obtain any books, files, medical, social, or financial records, or other relevant records pertaining to a particular person, provided written consent is obtained from the person or the person's legal representative.
C. The ombudsman, and any agency that receives information from the ombudsman, shall maintain as confidential all matters relating to any inquiry or referral, including the identity of the person, unless the person or the person's legal representative consents in writing to the disclosure.
D. No ombudsman shall be liable under state law for the good faith performance of official duties as defined by state and federal laws and regulations.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A residential facility as described in this Chapter shall cooperate with an ombudsman in the performance of his official duties and shall not interfere with, nor retaliate against, a person who has filed a complaint with an ombudsman. Anyone who knowingly or willfully violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred nor more than five hundred dollars.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. The office for citizens with developmental disabilities shall establish a developmental disabilities services and supports system and shall serve as the single point of entry into the system. The services and supports noted in the definition of developmental disabilities services in this Chapter are not intended to reflect all services that may be provided.
B. For the purposes of this Chapter, the system shall encompass those developmental disabilities services provided by the office, the human services authorities and districts, and private and public providers.
C. The office shall provide leadership in developing supports and services which promote self-determination by persons with developmental disabilities as primary decision makers in the choice and design of their services and providers, and in the control over the resources allocated to meet their personal outcomes and goals.
D. Person and family-centered planning principles shall be used in the design and development of the support plan and in the development of procedures and practices of the system.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. Determination for entry into the system shall be made in accordance with the following:
(1) Referrals shall be received from a variety of sources for a determination for entry into the system.
(2) Standardized interviews and collection of information, including assessment of substantial functional limitations, necessary for determination for entry into the system and for the establishment of legal status shall be completed.
(3) A standardized determination for entry into the system, as established by a determination of the presence of a developmental disability as defined in this Chapter, shall be completed within forty-five days of receiving information necessary for making the determination.
(4) A needs-based assessment shall be completed for anyone who enters the developmental disabilities service system and he shall be informed of all service and support options for which he is criteria eligible. The individual providing the information shall not express a preference for a particular service option, but rather, within fifteen days of completion of the standardized determination, shall supply to the person a list of all options for which he is criteria eligible. Once a service option has been selected, the person shall be informed of all providers of that service. The individual providing the information shall not express a preference for a particular provider.
(5) The determination for persons receiving developmental disabilities services shall be reviewed at least every five years, unless the person has been given an approval by the office for entry into the system without periodic evaluations.
(6) A person who has been given a denial for entry into the system or a person who has withdrawn from the system may request a new determination at any time. No person shall be denied entrance into the system unless:
(a) The person has had the opportunity to have a face-to-face interview. If it is determined during the interview that the person does not have a diagnosis and evaluation, the office will provide for one.
(b) The person has been given notice of his right to submit information in support of a determination for entry into the system including an independent diagnosis and evaluation at his expense.
(c) There has been an interdisciplinary review of necessary information.
B.(1) The support profile and plan shall accomplish all of the following:
(a) Address the provision of individualized supports and services in the most integrated setting as determined by an individual assessment.
(b) Reflect the desires and goals of the person.
(c) Address the well-being, health, safety, and security unique to the individual.
(2) The support profile will be used in developing the support plan which will be implemented to the extent possible by the office and human services authorities and districts.
C. Transfer and discharge shall be made in accordance with the following:
(1) Consideration shall be given to all requests made to the office to transfer a person within or to discharge a person from the system.
(2) Such requests may be initiated by the person, the person's legal representative, or the provider of services for the person in accordance with existing federal and state regulations or existing court orders.
D. A follow-up contact shall occur for the period of time as specified in state or federal regulations when the person chooses to leave the system.
E. Each person shall have a confidential record established and maintained by the provider in accordance with state and federal laws and regulations.
F. Implementation of the support plan shall include consideration of service settings that address the person's chronological age, abilities, functional levels and safety needs along with desired personal outcomes and goals. Inclusive and safe interactions with persons in the environment shall be additional factors in the selection of the setting.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. A person with a developmental disability is presumed to have capacity to give consent to a particular decision, unless and until determined otherwise. The provisions of this Section shall apply only to persons with cognitive disabilities.
(1) Capacity to give consent or make a particular decision exists when a person is able to comprehend the purposes, consequences, risks and benefits of the decision and any available alternatives.
(2) Decisions regarding daily activities and matters that are not of long-term consequence may require less comprehension than decisions concerning matters that have important legal, health, safety or other long-term consequences, including medical treatment decisions, behavioral or psychiatric treatment decisions, financial matters, contractual matters, living arrangements and rights restrictions.
(3) A decision may be expressed either orally, in writing, or by any other form of communication.
B. The capacity of a person to consent can change and develop over time, depending upon health, environment, and other variables.
(1) The capacity of a person to consent must be routinely assessed as decisions present themselves.
(2) Assessment shall use current standards and assessment tools, along with input from others, including family and direct service staff who are most familiar with the person.
(3) Lack of capacity to make a particular decision does not negate the possibility that a person may have capacity to make other decisions or later decisions.
C. Decisions concerning matters that have important legal, health, safety or other long-term consequences shall require legally adequate consent. Before a person with a developmental disability can be deemed to have given legally adequate consent, each of the following conditions must be met:
(1) The person has not been placed under a judgment of interdiction or continuing tutorship that restricts the right of the person to make the decision in question.
(2) The person has capacity to consent and has been informed of the purposes, consequences, and risks of the decision being made and the benefits of any alternative decision.
(3) The person understands that his withholding or withdrawing of consent shall not prejudice future provision of care and services to him.
(4) The person is giving such consent voluntarily and free from coercion and undue influence.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. The department is encouraged to admit persons with developmental disabilities to developmental disabilities services on a voluntary basis. Neither the department nor any employee or agent of a provider of developmental disabilities services shall prohibit a person with a developmental disability from applying for conversion of an involuntary commitment to a voluntary admission.
B. A person voluntarily admitted into a residential facility who makes a written request for discharge shall be released within seventy-two hours from the time of the written request excluding weekends and holidays unless a petition alleging that the person is either dangerous to himself or dangerous to others is filed with the district court of the parish where the person is located. Upon a showing of probable cause that the person meets this standard, the court may order his confinement until the commitment hearing.
C. Persons who are able to be discharged from developmental disabilities services and who were admitted on a voluntary basis shall be discharged in accordance with the procedures established by the office by rules promulgated in accordance with the Administrative Procedure Act, consistent with the requirements of this Chapter. The office shall include in the rules, procedures for processing requests for discharge of persons who are voluntarily admitted as well as for addressing oppositions to discharge.
D. Upon determination that any person receiving services from the office is either dangerous to himself or dangerous to others, the office will take steps, including involuntary commitment when appropriate, to protect the person or prevent him from harming others.
E. The office shall have the authority to discharge a person who was voluntarily admitted and who for a reasonable period of time has not received developmental disabilities services.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. Any interested person, including a representative of the department, may file a petition seeking to have a person with a developmental disability remanded to the custody of the department on the grounds that he is either dangerous to himself or dangerous to others.
B. The petition shall be filed in the judicial district in which the respondent resides or may be found. The petition shall contain the facts which are the basis of the assertion that the respondent is a person who has been diagnosed with a developmental disability and is either dangerous to himself or dangerous to others.
C. The petition shall attach the written report and recommendations prepared by an interdisciplinary team, if available, and any other available medical, educational or psychological records.
D. Upon the filing of the petition, the court shall:
(1) Assign a time for a hearing, not later than twenty calendar days after the filing of the petition, excluding weekends and legal holidays.
(2) Assign a place for a hearing upon the petition.
(3) Cause notice thereof to be personally served at least ten days prior to the hearing on the respondent and the attorney for the respondent. The notice shall satisfy the following requirements:
(a) The notice shall inform the respondent that he has a right to be present at the hearing.
(b) The notice shall inform the respondent that he has a right to counsel.
(c) The notice shall inform the respondent that he, if indigent or otherwise qualified, has the right to have counsel appointed to represent him.
(d) The notice shall inform the respondent that he has the right to present evidence and cross-examine witnesses at any hearing on such application.
E. The petition shall be served on the department at least ten days prior to the hearing.
F. Determination of probable cause.
(1) As soon as practical after the filing of the petition, the court shall review the petition and supporting documents and determine whether there exists probable cause to believe that the respondent has a developmental disability and is either dangerous to himself or dangerous to others.
(2) If the court determines that there is probable cause to believe that the respondent meets the above criteria for involuntary commitment, the court may notify the department if the person is not currently in a confined setting. The department may refer appropriate cases to the office for available and temporary supports and services that meet the safety needs of the person or others.
(3) Before committing any person to the department, the court shall order a diagnosis and evaluation by the department and shall use this interdisciplinary evaluation as an expert recommendation. The written report on the diagnosis and evaluation of the person shall be made available to counsel for the respondent at least three days before the hearing.
(4) The respondent or his attorney shall have the right to seek additional independent expert opinion when necessary in their discretion.
G. The respondent shall have the right to privately retained and paid counsel at any time and all respondents must be represented by counsel as early as possible in every proceeding. If the respondent has no attorney, the court shall appoint an attorney to represent him. His attorney shall be granted access to all the records belonging to the person.
H. Entry into the developmental disabilities services system must be established by the department prior to any person being judicially committed to the department under this Chapter.
(1) Entry is established by a determination of the presence of a developmental disability as defined in this Chapter, through review of the court ordered diagnosis and evaluation, administration of a standardized interview and collection of information, including assessment of substantial functional limitations necessary for determination for entry into the system and for the establishment of legal status.
(2) No person shall be denied entrance into the system unless:
(a) The person has had the opportunity to have a face-to-face interview.
(b) The person has been given notice of his right to submit information in support of a determination for entry into the system including an independent diagnosis and evaluation at his expense.
(c) There has been an interdisciplinary review of necessary information.
(3) A written report on the determination for entry shall be made available to counsel for the respondent at least three days before the hearing.
Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2018, No. 206, §1.
A. The hearing shall take precedence over all other matters, except pending cases of the same type, and shall be a closed hearing. The court shall conduct the hearing in as formal a manner as is possible under the circumstances and shall adhere to the following:
(1) Admitting evidence according to the usual rules of evidence.
(2) Admitting first such witnesses and evidence that tend to show that the person who is the subject of the petition is a proper subject for involuntary commitment.
(3) The respondent has a right to be present unless the court finds that he knowingly, voluntarily, and intelligently has waived his presence.
(4) The respondent or his counsel shall have the right to present evidence and cross-examine witnesses who may testify at the hearing.
(5) If the department is not the petitioner, the department or its counsel may present evidence, call witnesses, and cross-examine any witness testifying at the hearing.
(6) If the respondent is present at the hearing and is medicated, the court shall be informed of the medication and its common effects.
(7) The court shall cause a recording of the testimony of the hearing to be made, which shall be transcribed only in the event of an appeal from the judgment.
B. If the court finds by clear and convincing evidence that the respondent has a developmental disability and is either dangerous to himself or dangerous to others, it may render a judgment for his commitment. Courts committing persons to the custody of the department shall not make such commitments to specific private or public facilities but shall only commit such individuals to the department. If the department is not the petitioner, the parties shall first consult with the department or its counsel before entering into a judgment stipulating to a commitment of the respondent to the department. When the judgment results in a commitment of the respondent to the department, either ordered by the court or through stipulation of the parties, the court shall cause reasonable notice of the judgment thereof to be delivered to the department.
C. The department shall present a support plan to the committing court for its approval before formal admission into a specific residential living option or developmental disabilities services or both. The department shall present the support plan to the court annually for its review and approval. Any order of commitment to the department and any admission of a respondent in a residential living option shall be in the most integrated setting with consideration given the needs, desires and choice of the respondent, and shall be in accordance with the following conditions:
(1) The admission can be reasonably accommodated taking into account the resources available to the state and the needs of others with developmental disabilities.
(2) The respondent shall be subject to the admission criteria for that service setting.
Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2017, No. 370, §1, eff. June 23, 2017; Acts 2019, No. 307, §1, eff. June 11, 2019.
A. An initial judgment of commitment shall be for a period not to exceed one hundred eighty days. Continuation of commitment beyond one hundred eighty days requires a hearing conducted in accordance with the provisions of this Chapter.
(1) At least three days prior to the hearing, the department shall submit, to the court and to counsel for the respondent, an interdisciplinary evaluation regarding the need for continued commitment and a support profile.
(2) If the court determines that the person is still either dangerous to himself or dangerous to others, he shall be recommitted to the custody of the department for a period not to exceed one year.
(3) If the respondent is recommitted for three consecutive one year periods, then a subsequent judgment of commitment shall not exceed three years.
B. Any person who is not recommitted shall no longer be under court commitment, but shall continue to receive all supports and services as identified in his support plan, as long as he meets state criteria. If a person voluntarily seeks supports or services other than those provided by the department, the department must maintain documentation that the person or their legal representative has voluntarily made this request and no longer wants services provided directly by the department.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A person who is involuntarily committed shall be allowed to appeal devolutively from the order to the court of appeal. Upon perfection of an appeal, it shall be heard in a summary manner taking preference over all other cases except similar matters.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. Every person involuntarily committed under this Section into any residential living option other than his home, shall be informed in writing at the time of admission of the following:
(1) Procedures for requesting release from commitment.
(2) Availability of counsel.
(3) Contact information about the Mental Health Advocacy Service and the Advocacy Center.
(4) Rights enumerated in R.S. 28:452.1 and any rules and regulations applicable to or concerning his conduct while residing in the residential living option.
B. If the person is illiterate or does not read or understand English, appropriate provisions should be made to provide him with this information. In addition, a copy of the information listed in this Subsection shall be available to the person at all times in his residential living option.
Acts 2005, No. 128, §1, eff. June 22, 2005.
The department shall develop procedures for handling requests for transfers and oppositions to transfers.
(1) No transfer shall occur without prior notice to the person receiving services, his curator, tutor, or other legal guardian and any other person of his choice.
(2) In the case of an involuntary admission, notice shall also be provided to the committing court of the proposed transfer.
(3) Such transfer shall be in accordance with applicable federal laws, regulations and interagency agreements.
(4) A temporary change in residential living options for specialized services not otherwise available shall not be considered a transfer for the purposes of this Section.
(5) Subject to applicable federal and state laws and regulations, the department shall have the authority to transfer persons placed in its custody and the office shall have the authority to transfer any person receiving developmental disabilities services within or from the Developmental Disabilities Services System.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. No person committed pursuant to this Chapter shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of Louisiana, or the Constitution of the United States solely because of his status as a committed person.
B. No committed person shall be presumed incompetent, nor shall such person be held incompetent except as determined by a court of competent jurisdiction. A determination of incompetence shall be separate from a judicial determination that a person should be involuntarily committed.
Acts 2005, No. 128, §1, eff. June 22, 2005.
Any admissions, detentions, confinements, commitments, discharges, or transfers of persons with developmental disabilities, or the denial of any thereof, in accordance with the provisions of this Chapter, by the department, the office, or its administrative units, its employees, human services authorities and districts, or employees of public or private agencies, with which the department has written agreements, who acted in good faith, reasonably and without negligence, shall be deemed to be administrative acts and such persons are hereby granted immunity from liability for damages arising out of such actions.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. The failure by any facility administrator or director to obey an order or judgment committing a person with developmental disabilities to a public or private residential living option or developmental disability service or both shall not be construed as a contempt of any court, if the failure to obey is due to the inability to comply with the order or judgment because the residential living options or developmental disabilities services, or both, under their authority are not appropriate as defined in this Chapter.
B. The department, the office, other providers, and their employees and administrators of residential living options or developmental disabilities services and supports or both shall not be held in contempt of a court because of their refusal to comply with a commitment that is not consistent with the provisions of this Chapter.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. Any person with a developmental disability found not guilty by reason of insanity or found to be presently lacking the mental capacity to proceed to trial may be committed for developmental disabilities services or residential living options, or both, in the manner provided for herein contradictorily with the district attorney and counsel for the defendant.
B. Insanity proceedings in any criminal case to determine whether a person is presently mentally capable to proceed to trial or was insane at the time of the commission of the crime are not affected by this Section and shall be in accordance with the Louisiana Code of Criminal Procedure.
C. Persons with developmental disabilities who are dangerous to others and who are charged with a crime of violence in accordance with R.S. 14:2(B) and who are committed to the custody of the department shall be admitted only to a residential living option that has available a secure area in order to ensure the safety and well-being of other residents and employees of the residential living option.
D. Persons with a developmental disability committed in accordance with the provisions of the Code of Criminal Procedure shall be discharged only in the manner provided by the Code of Criminal Procedure.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. A person receiving developmental disabilities supports and services or his responsible party may file a grievance against any public or private provider agency receiving state funding for developmental disabilities services in accordance with the Standards for Payment for Intermediate Care Facilities for People with Developmental Disabilities.
B. The department shall promulgate regulations, in accordance with the Administrative Procedure Act, for procedures governing the grievance process for provider agencies receiving state funding for developmental disability services which will include the manner of recourse if the person is not satisfied with the decision resulting from the grievance procedure.
C. Such agencies shall maintain and inform persons to whom they are providing supports and services of procedures for resolving grievances on behalf of those persons and of their right to file a grievance without fear of retaliation and to receive a prompt final decision.
Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2006, No. 163, §1.
A. A person may file an administrative appeal with the division of administrative law regarding the following determinations:
(1) A finding by the office that the person does not qualify for system entry.
(2) Termination of a support or service.
(3) Discharge from the system.
(4) Other cases as stated in office policy or as promulgated in regulation.
B. There shall be no retaliation by an agency or the office or department for the filing of an appeal.
C. Notice of any appealable determination set forth in Subsection A of this Section by the office or by a public provider agency shall be given to the person receiving supports and services or applying for supports and services, his attorney of record or his responsible party, or all three parties if they are residing at different addresses.
D. Written notice shall be given providing the reasons for the decision and shall be sent by certified mail return receipt requested. If receipt is not confirmed, the agency or office must make a reasonable attempt to locate and contact the person and or his responsible party by telephone and then by regular mail.
Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2014, No. 812, §1, eff. June 23, 2014.
The office is authorized to establish regulations approved by the department, promulgated in accordance with the requirements of this Chapter and the Administrative Procedure Act.
Acts 2005, No. 128, §1, eff. June 22, 2005.
The office and administrative units thereof are exempt from the requirement of R.S. 39:1643, regarding advertisement and award of lease bids, except that such exemption shall only be to lease privately owned buildings or space for the purpose of establishing living options.
Acts 2005, No. 128, §1, eff. June 22, 2005.
The office shall adopt standards for the quality of developmental disabilities services, shall disseminate those standards to persons with developmental disabilities and their families, stakeholders, and other interested parties, and shall establish mechanisms for feedback on the quality of services from persons with developmental disabilities and their families, stakeholders, and other interested parties. Activities concerning quality standards developed pursuant to R.S. 28:382.1 may be conducted concurrently with the requirements of this Section.
Acts 2005, No. 128, §1, eff. June 22, 2005.
A. Applicants who plan to utilize state or federal funds for a new developmental disabilities service shall submit an application for review and approval to the office prior to the application to the department for licensure for the new service.
B. The office shall promptly review the application and may approve it according to its consistency with the state and local planning and review for approval of the program model for the population to be served. The provider shall submit the finding of the office as an attachment to its initial request for licensure to the department.
C. The provisions of this Part shall not be construed to conflict with the state planning requirements of Section 1122 of the Social Security Act.
Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2015, No. 20, §1, eff. May 29, 2015.
A. The Louisiana Legislature hereby finds that there is an urgent and substantial need in this state for all of the following:
(1) Enhancements in the development of infants and toddlers with disabilities in order to minimize their potential for developmental delay.
(2) Greater recognition of the significant brain development that occurs during a child's first three years of life.
(3) A reduction to the educational costs to our society, including costs borne by Louisiana's schools, through minimizing the need for special education and related services after infants and toddlers with disabilities reach school age.
(4) Maximization of the potential for individuals with disabilities to live independently in the community.
(5) Enhancement of families' capacity to meet the special needs of their infants and toddlers with disabilities.
(6) Enhancement of the capacity of state and local agencies and service providers to identify, evaluate, and meet the needs of all children; particularly minority, low-income, inner-city, and rural children, and infants and toddlers in foster care.
B. In consideration of the needs described in this Section, it is therefore the policy of Louisiana:
(1) To develop and implement a statewide, comprehensive, coordinated, multidisciplinary interagency system that provides early intervention services for infants and toddlers with disabilities and their families.
(2) To establish a state system of payments that provides for the collection, facilitation, and coordination of payment for early intervention services from federal, state, local, and private sources, including public and private insurance coverage and cost sharing with those families who qualify.
(3) To enhance Louisiana's capacity to provide quality early intervention services and to expand and improve existing early intervention services currently being provided to infants and toddlers with disabilities and their families.
(4) To encourage Louisiana to expand opportunities for children under three years of age who would be at risk of having substantial developmental delay if they did not receive early intervention services.
Acts 2013, No. 417, §1, eff. June 21, 2013.
As used in this Chapter, the following terms shall have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise:
(1) "Cost participation" means fees or other charges through which families share in the cost for early intervention services provided pursuant to the provisions of this Chapter.
(2) "Council" means the Louisiana State Interagency Coordinating Council for EarlySteps established pursuant to R.S. 28:470.
(3) "Department" means the Louisiana Department of Health.
(4) "Early intervention services" means developmental services that:
(a) Are provided under public supervision.
(b) Are provided at no cost except where federal or state law provides for a system of payments by families, including but not limited to a schedule providing a sliding scale of fees as provided in R.S. 28:469.
(c) Are designed to meet developmental needs of an infant or toddler with a disability, as identified by the individualized family service plan team, in any one or more of the following areas:
(i) Physical development.
(ii) Cognitive development.
(iii) Communication development.
(iv) Social or emotional development.
(v) Adaptive development.
(d) Meet the standards of the state of Louisiana.
(e) Include but are not limited to:
(i) Family training, counseling, and home visits.
(ii) Special instruction.
(iii) Speech-language pathology and audiology services and sign language and cued language services.
(iv) Occupational therapy.
(v) Physical therapy.
(vi) Psychological services.
(vii) Family service coordination services.
(viii) Medical services only for diagnostic or evaluation purposes.
(ix) Early identification, screening, and assessment services.
(x) Health services necessary to enable the infant or toddler to benefit from other early intervention services.
(xi) Social work services.
(xii) Vision services.
(xiii) Assistive technology devices and assistive technology services.
(xiv) Costs associated with transportation that are necessary to enable an infant or toddler and the infant's or toddler's family to receive early intervention services.
(f) Are provided by qualified personnel, including:
(i) Special educators.
(ii) Speech-language pathologists and audiologists.
(iii) Occupational therapists.
(iv) Physical therapists.
(v) Psychologists.
(vi) Social workers.
(vii) Nurses.
(viii) Registered dieticians.
(ix) Family therapists.
(x) Vision specialists, including ophthalmologists and optometrists.
(xi) Orientation and mobility specialists.
(xii) Pediatricians and other physicians.
(g) To the maximum extent appropriate, are provided in natural environments, including the home and community settings in which children without disabilities participate.
(h) Are provided in conformity with an individualized family service plan adopted in accordance with the provisions of this Chapter.
(5) "IDEA" means the federal Individuals with Disabilities Education Act.
(6)(a) "Infant or toddler with a disability " means an individual under three years of age who needs early intervention services because of either of the following:
(i) The individual is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in the areas of cognitive development, physical development, communication development, social or emotional development, or adaptive development.
(ii) The individual has a diagnosed physical or mental condition which has a high probability of resulting in developmental delay.
(b) This definition may also include, at the department's discretion, at-risk infants and toddlers as defined in Subparagraph (c) of this Paragraph.
(c) "At-risk infant or toddler" means an individual under three years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided to the individual.
(7) "Parent" means a person who meets the definition of such term in federal regulations relative to early intervention programs for infants and toddlers with disabilities and their families (34 CFR 303.27).
Acts 2013, No. 417, §1, eff. June 21, 2013.
A. Louisiana shall adopt a policy which incorporates all of the components of a statewide system as provided in this Chapter.
B. The department shall include in its annual application for federal funds assurances that the statewide system provided for in this Chapter meets federal requirements for such a system and a description of services to be provided in accordance with the provisions of this Chapter.
Acts 2013, No. 417, §1, eff. June 21, 2013.
A statewide comprehensive, coordinated, multidisciplinary, interagency system to provide early intervention services for infants and toddlers with disabilities and their families shall include, at a minimum, the following components:
(1) A definition of the term "developmental delay" that will be used by the department in carrying out the provisions of this Chapter in order to appropriately identify infants and toddlers with disabilities who are in need of services provided for in this Chapter.
(2) A state policy that is in effect and which ensures that appropriate early intervention services based on scientific research, to the extent practicable, are available to all infants and toddlers with disabilities and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in Louisiana, infants and toddlers with disabilities who are homeless and their families, and infants and toddlers with disabilities who are wards of the state.
(3) A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant and toddler with a disability in Louisiana and a family-directed identification of the needs of each family of such an infant or toddler to assist appropriately in the development of the infant or toddler.
(4) For each infant and toddler with a disability in Louisiana, an individualized family service plan developed in accordance with applicable federal regulations, including family service coordination in accordance with such service plan.
(5) A comprehensive child-find system, consistent with the federal requirements of IDEA-Part B, including a system for making referrals to service providers that includes timelines and provides for participation by primary referral sources and that ensures rigorous standards for appropriately identifying infants and toddlers with disabilities for services pursuant to this Chapter that will reduce the need for future services.
(6) A public awareness program focusing on early identification of infants and toddlers with disabilities, including the preparation and dissemination by the department to all primary referral sources, especially hospitals and physicians, of information for parents, especially for parents with premature infants, or infants with other physical risk factors associated with learning or developmental complications, on the availability of early intervention services, and procedures for assisting such sources in disseminating such information to parents of infants and toddlers with disabilities.
(7) A central directory that includes information on early intervention services, resources, and experts available in Louisiana and research and demonstration projects being conducted in Louisiana.
(8)(a) A comprehensive system of personnel development, including the training of paraprofessionals and the training of primary referral sources with respect to the basic components of early intervention services available in Louisiana, that shall include:
(i) Implementing innovative strategies and activities for the recruitment and retention of early education service providers.
(ii) Promoting the preparation of early intervention providers who are fully and appropriately qualified to provide early intervention services.
(iii) Training personnel to coordinate transition services for infants and toddlers with disabilities from an early intervention program provided for in this Chapter to preschool or other appropriate services.
(b) The comprehensive system of personnel development may include:
(i) Training personnel to work in rural and inner-city areas.
(ii) Training personnel in the emotional and social development of young children.
(9) Policies and procedures relating to the establishment and maintenance of qualifications to ensure that personnel necessary to carry out the provisions of this Chapter are appropriately and adequately prepared and trained, including the establishment and maintenance of qualifications that are consistent with any state-approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which such personnel are providing early intervention services. Nothing in this Chapter shall be construed to prohibit the use of paraprofessionals and assistants who are appropriately trained and supervised in accordance with Louisiana law, regulations, or written policy to assist in the provision of early intervention services to infants and toddlers with disabilities pursuant to the provisions of this Chapter.
(10) A single line of responsibility in the department for carrying out the following functions:
(a) General administration and supervision of programs and activities receiving assistance pursuant to this Chapter, and the monitoring of programs and activities used by Louisiana to carry out the provisions of this Chapter, whether or not such programs or activities are receiving assistance made available by this Chapter, to ensure compliance with this Chapter.
(b) Identification, coordination, and collection of all available resources within Louisiana from federal, state, local, and private sources, including those of the system of payments established pursuant to the provisions of R.S. 28:469.
(c) Assignment of financial responsibility to the appropriate agencies.
(d) Development of procedures to ensure that services are provided to infants and toddlers with disabilities and their families in a timely manner pending the resolution of any disputes among public agencies or service providers.
(e) Resolution of intra-agency and interagency disputes.
(f) Entry into formal interagency agreements which conform with all applicable provisions of Louisiana law that provide the following:
(i) Definitions of the financial responsibility of each agency for paying for early intervention services.
(ii) Procedures for resolving disputes.
(iii) Any additional component necessary to ensure meaningful cooperation and coordination.
(11) A policy pertaining to the contracting or making of other arrangements with service providers to provide early intervention services in Louisiana, consistent with the provisions of this Chapter, including the contents of the application used and the conditions of the contract or other arrangements.
(12) A procedure for securing timely reimbursement of funds.
(13) Procedural safeguards with respect to programs.
(14) A system for compiling data in accordance with information and reporting requirements of the United States Secretary of Education.
(15) A state interagency coordinating council that meets the requirements of R.S. 28:470.
(16) Policies and procedures to ensure all of the following:
(a) To the maximum extent appropriate, early intervention services are provided in natural environments.
(b) The provision of early intervention services for any infant or toddler with a disability occurs in a setting other than a natural environment that is most appropriate, as determined by the parent and the individualized family service plan team, only when early intervention cannot be achieved satisfactorily for the infant or toddler in a natural environment.
Acts 2013, No. 417, §1, eff. June 21, 2013.
A. Assessment and program development shall provide, at a minimum, for each infant and toddler with disabilities and the infant's or toddler's family to receive:
(1) A multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs.
(2) A family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family's capacity to meet the developmental needs of the infant or toddler.
(3) A written individualized family service plan developed by a multidisciplinary team, including the parents, as required by Subsection D of this Section, including a description of the appropriate transition services for the infant or toddler.
B. The individualized family service plan shall be evaluated annually, and the family shall be provided a review of the plan at six-month intervals or more often as appropriate based on the infant or toddler and family needs.
C. The individualized family service plan shall be developed within a reasonable time after the assessment required by Paragraph (A)(1) of this Section is completed. With the parent's consent, early intervention services may commence prior to the completion of the assessment.
D. The individualized family service plan shall be in writing and contain all of the following:
(1) A statement of the infant's or toddler's present level of physical development, cognitive development, communication development, social or emotional development, and adaptive development, based on objective criteria.
(2) A statement of the family's resources, priorities, and concerns relating to enhancing the development of the family's infant or toddler with a disability.
(3) A statement of the measurable results or outcomes expected to be achieved for the infant and toddler and the family, including preliteracy and language skills, as developmentally appropriate for the child, and the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the results or outcomes is being made and whether modifications or revisions of the results or outcomes or services are necessary.
(4) A statement of specific early intervention services based on peer-reviewed research, to the extent practicable, necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and the method of delivering services.
(5) A statement of the natural environments in which early intervention services shall appropriately be provided, including a justification of the extent, if any, to which the services will not be provided in a natural environment.
(6) The projected dates for initiation of services and the anticipated length, duration, and frequency of the services.
(7) The identification of the family service coordinator from the profession most immediately relevant to the infant's or toddler's or family's needs or who is otherwise qualified to carry out all applicable responsibilities pursuant to the provisions of this Chapter who will be responsible for the implementation of the plan and coordination with other agencies and persons, including transition services.
(8) The steps to be taken to support the transition of the toddler with a disability to preschool or other appropriate services, including the following steps:
(a) Notify the local educational agency for the area in which such a child resides that the child will shortly reach the age of eligibility for preschool services pursuant to IDEA-Part B federal regulations as determined in accordance with Louisiana law.
(b) In the case of a child who may be eligible for such preschool services, with the approval of the family of the child, convene a conference among the family service coordinator, the family, and the local educational agency at least ninety days but no more than six months before the child is eligible for the preschool services, to discuss any such services that the child may receive.
(c) In the case of a child who may not be eligible for such preschool services, with the approval of the family, make reasonable efforts to convene a conference among the family service coordinator, the family, and providers of other appropriate services for children who are not eligible for preschool service pursuant to IDEA-Part B federal regulations to discuss the appropriate services that the child may receive.
E. The contents of the individualized family service plan shall be fully explained to the parents and informed written consent from the parents shall be obtained prior to the provision of early intervention services described in such plan. If the parents do not provide consent with respect to a particular early intervention service, then only the early intervention services to which consent is obtained shall be provided.
Acts 2013, No. 417, §1, eff. June 21, 2013.
In addition to utilizing funds provided pursuant to the provisions of this Chapter to implement and maintain the statewide system, the department shall use such funds for the following purposes:
(1) For direct early intervention services for infants and toddlers with disabilities and their families as provided in this Chapter that are not otherwise funded through public or private sources.
(2) To expand and improve upon services for infants and toddlers and their families as provided in this Chapter that are otherwise available.
(3) To strengthen the statewide system by initiating, expanding, or improving collaborative efforts related to at-risk infants and toddlers, including establishing linkages with appropriate public or private community-based organizations, services, and personnel for the purposes of:
(a) Identifying and evaluating at-risk infants and toddlers.
(b) Making referrals of the infants and toddlers identified and evaluated pursuant to the provisions of Subparagraph (a) of this Paragraph.
(c) Conducting a periodic follow-up on each such referral to determine if the status of the infant or toddler involved has changed with respect to the eligibility of the infant or toddler for services pursuant to this Chapter.
Acts 2013, No. 417, §1, eff. June 21, 2013.
The procedural safeguards which shall be included in a statewide system shall provide, at a minimum, the following:
(1) The timely administrative resolution of complaints by parents. Any party aggrieved by the findings and decision regarding an administrative complaint shall have the right to bring a civil action with respect to the complaint in any state court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy. In any action brought pursuant to the provisions of this Paragraph, the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate.
(2) The right to confidentiality of personally identifiable information, including the right of parents to written notice of and written consent to the exchange of such information among agencies consistent with applicable provisions of federal and state law.
(3) The right of the parents to determine whether they, their infant or toddler, or other family members will accept or decline any early intervention service provided for in this Chapter in accordance with state law without jeopardizing other early intervention services provided for in this Chapter.
(4) The opportunity for parents to examine records relating to assessment, screening, eligibility determinations, and the development and implementation of the individualized family service plan.
(5) Procedures to protect the rights of the infant or toddler whenever the parents of the infant or toddler are not known or cannot be found or the infant or toddler is a ward of the state, including the assignment of an individual, who shall not be an employee of the department or any other state agency; and who shall not be any person, or any employee of a person, providing early intervention services to the infant or toddler or any family member of the infant or toddler to act as a surrogate for the parents.
(6) Written prior notice to the parents of the infant or toddler with a disability whenever the state agency or service provider proposes to initiate or change or refuses to initiate or change the identification, evaluation, or placement of the infant or toddler with a disability, or the provision of appropriate early intervention services to the infant or toddler.
(7) Procedures designed to ensure that the notice required by Paragraph (6) of this Section fully informs the parents, in the parents' native language, unless it is not feasible to do so, of all procedures available pursuant to this Section.
(8) The right of parents to use mediation in accordance with Section 615 of IDEA.
(9) During the pendency of any proceeding or action involving a complaint by the parents of an infant or toddler with a disability, unless the department and the parents otherwise agree, the infant or toddler shall continue to receive the appropriate early intervention services currently being provided, or if applying for initial services, shall receive the services not in dispute.
Acts 2013, No. 417, §1, eff. June 21, 2013.
A. Funds provided pursuant to this Chapter may not be used to satisfy a financial commitment for services that would have been paid for from another public or private source, including any medical program administered by the Secretary of Defense, but for the enactment of this Chapter; except that whenever considered necessary to prevent a delay in the receipt of appropriate early intervention services by the infant or toddler or family according to the department's established timeline for timely delivery of services, funds provided pursuant to this Chapter may be used to pay the provider of services pending reimbursement from the agency that has ultimate responsibility for the payment.
B. Nothing in this Chapter shall be construed to permit the department to reduce medical or other assistance available or to alter eligibility pursuant to Title V of the Social Security Act, relating to maternal and child health, or Title XIX of the Social Security Act, relating to Medicaid for infants or toddlers with disabilities, within the state of Louisiana.
Acts 2013, No. 417, §1, eff. June 21, 2013.
A. The department is hereby authorized to establish a statewide system of payments in accordance with the provisions of 34 CFR Part 303.
B.(1) In implementing the system of payments, the department shall promulgate rules for the reimbursement of services from all third-party payers, both private and public.
(2) The department or its designee shall seek payment from all third-party payers prior to claiming payment from the IDEA-Part C early intervention system of this state for services rendered to eligible children.
(3) The department or its designee may pay directly to a provider any required deductible, copayment, coinsurance, or other out-of-pocket expense for a child who is eligible for services from the IDEA-Part C early intervention system of this state.
C.(1)(a) The department shall promulgate rules in accordance with the Administrative Procedure Act that establish a schedule of monthly cost participation for early intervention services per qualifying family. Cost participation shall be based on a sliding scale and shall consider elements including but not limited to adjusted gross income, family size, financial hardship, extraordinary expenses associated with the child, and Medicaid eligibility. The department shall be subject to all of the following limitations and requirements relative to the cost participation schedule:
(i) The department shall utilize the most recent federal poverty guidelines published in the Federal Register by the United States Department of Health and Human Services, referred to hereafter in this Subsection as the "federal poverty guidelines", as the basis for determining the income threshold based on family size for eligibility for cost participation.
(ii) The department shall not assess any fee or other charge through the cost participation schedule upon a family which has an annual income of less than three hundred percent of the applicable federal poverty guideline.
(iii) In any month, the department shall not assess fees or other charges through the cost participation schedule which total more than three percent of the monthly income level for a family of four, according to the federal poverty guideline schedule.
(iv) The department shall not assess a fee or other charge through the cost participation schedule for any service provided for in Item (c)(ii) of this Paragraph.
(b) Parents who have public or private insurance and elect not to assign such right of recovery or indemnification to the department or choose not to release financial information shall be assessed the cost for each early intervention service listed on the individualized family service plan according to the most current service rate schedule and cost participation schedule promulgated by the department.
(c) The cost participation schedule promulgated by the department shall provide all of the following:
(i) Procedures by which a service provider may notify the department that a family is not complying with the cost participation requirements and procedures for suspending services.
(ii) A statement of assurance that fees are not charged for services which a child is otherwise entitled to receive at no cost to parents, including child-find activities, evaluation and assessment for eligibility and individualized family service planning, service coordination, administrative and coordinative activities related to development review, evaluation of individualized family service plans, and implementation of procedural safeguards and other components of the statewide system provided for in R.S. 28:464.
(2)(a) The department shall provide prior notification in writing to families for use of public or private insurance according to the requirements of 34 CFR 303.414. Such notification shall include a statement of the general categories of costs that the parent would incur and a statement of the process for resolution of a dispute regarding decisions related to use of public or private insurance, failure to pay for services or the state's determination of a family's ability to pay.
(b) The department shall ensure that the procedures utilized to resolve such disputes will not delay or deny the parents' rights or the child's ability to access timely services.
(3) The aggregate contributions made by the parent shall not exceed the aggregate cost of the early intervention services received by the child and family, inclusive of any amount received from other sources of payment for a service.
(4)(a) At least annually, or at any time the department determines is warranted, the department shall conduct a reassessment of the parents' financial status. A parent may request such reassessment at any time when significant changes in financial circumstances may affect the calculation of the cost participation amount.
(b) The department shall not make any administrative decision regarding suspension or termination of services for a family prior to the family having been in arrears, with respect to fees or other charges assessed pursuant to cost participation, for a duration of three months.
(c) On at least a monthly basis, the department shall send to any family in arrears, with respect to fees or other charges assessed pursuant to cost participation, notice of the family's right for reconsideration of their financial status and the family's right to apply for exemption from cost participation due to financial hardship. A copy of the notice shall be sent to the representative and senator in whose district the family resides.
(5) The department shall not limit early intervention services for a child in any month if the cost of such services in that month exceeds the maximum monthly contribution from the child's family as provided in Item (1)(a)(iii) of this Subsection.
Acts 2013, No. 417, §1, eff. June 21, 2013; Acts 2018, No. 206, §1.
A. The Louisiana State Interagency Coordinating Council for EarlySteps: Louisiana's Early Intervention Program for Infants and Toddlers with Disabilities and Their Families is hereby created within the Louisiana Department of Health. All council members shall be appointed by the governor who shall also appoint the chairperson. No member of the council who is a representative of the department may serve as the chairperson of the council. At least twenty percent of the members shall be parents of infants or toddlers with disabilities or children with disabilities age twelve or younger, with knowledge of or experience with programs for infants and toddlers with disabilities, and at least twenty percent of the members shall be public or private providers of early intervention services.
B. The council shall be comprised of the following members:
(1) At least one member shall be a parent of either of the following:
(a) An infant or toddler with disabilities.
(b) A child with disabilities age six or younger.
(2) At least one member shall be an elected member of the Louisiana Legislature.
(3) At least one member shall be involved in the preparation and training of early intervention providers to become qualified to provide services.
(4) Members in the number of one each from each state agency involved in the provision of or payment for early intervention services to infants and toddlers with disabilities and their families, including Medicaid, and such members shall have sufficient authority to engage in policy planning and implementation on behalf of their respective agencies.
(5) At least one member shall be from the office of the Louisiana Department of Education which is responsible for preschool services to children with disabilities and who shall have sufficient authority to engage in policy planning and implementation on behalf of such agency.
(6) At least one member shall be from the Louisiana Department of Insurance.
(7) At least one member shall be from a Head Start agency or program.
(8) At least one member shall be from the Louisiana Department of Children and Family Services.
(9) At least one member designated by the Louisiana Department of Education who is responsible for coordination of the education of homeless children and youth.
(10) One member from the Department of Children and Family Services who is responsible for foster care.
(11) One member from the Louisiana Department of Health, office of behavioral health.
(12) Any other members duly appointed by the governor.
C. The council shall meet at least quarterly and in such places as it deems necessary. The meetings shall be publicly announced and to the extent appropriate, open, and accessible to the general public.
D.(1) Subject to the approval of the secretary of the Louisiana Department of Health, the council may prepare and approve a budget using funds provided pursuant to the provisions of this Chapter to conduct hearings and forums; to reimburse members of the council for reasonable and necessary expenses, including child care for parent representatives, for attending council meetings and performing council duties; and to pay compensation to a member of the council if the member is not employed or must forfeit wages from other employment when performing official council business.
(2) The council shall use funds provided pursuant to this Chapter to hire an executive director who shall be responsible to and report directly to the council and the secretary of the Louisiana Department of Health to carry out its functions pursuant to this Chapter. The executive director shall be hired as an unclassified employee of the Louisiana Department of Health, office for citizens with developmental disabilities. The executive director shall provide administrative support to the state interagency council and shall act as a resource to the state interagency coordinating council regarding the EarlySteps Program. The council may also use funds provided pursuant to this Chapter to obtain the services of other such professional, technical, and clerical personnel as may be necessary to carry out its functions as provided in this Chapter.
E.(1) The council shall have the following duties:
(a) To advise and assist the department in the performance of responsibilities established pursuant to this Chapter, particularly the identification of sources of fiscal and other support for services for early intervention programs, assignment of financial responsibility to the appropriate agency, and the promotion of interagency agreements.
(b) To advise and assist the department in the preparation of applications and amendments thereto.
(c) To advise and assist the department relative to the transition of toddlers with disabilities to preschool and other appropriate services.
(d) To prepare and submit an annual report to the governor and to the United States Secretary of Education on the status of early intervention programs for infants and toddlers with disabilities and their families operated within the state.
(e) To prepare and submit an annual report to the Legislature of Louisiana on the status of the early intervention program of this state for infants and toddlers with disabilities and their families.
(2) The council may advise appropriate agencies in the state with respect to the integration of services for infants and toddlers with disabilities and at-risk infants and toddlers and their families, regardless of whether at-risk infants and toddlers are eligible for early intervention services in the state.
F. No member of the council shall cast a vote on any matter which would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest.
Acts 2013, No. 417, §1, eff. June 21, 2013; Acts 2018, No. 206, §1; Acts 2024, No. 240, §1, eff. May 23, 2024.
A. There is hereby created within the parish of Lafourche, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the Lafourche Arc Taxing District, referred to in this Section as the "district". The district shall be a political subdivision of the state as defined in the Constitution of Louisiana.
B. The boundaries of the district shall include all of the territory included within wards one, two, three, four, five, six, seven, eight, nine, and eleven of the parish of Lafourche.
C. The district is established for the primary object and purpose of providing services, training, advocacy, resources, and community connections to individuals with developmental disabilities.
D.(1) The district shall be governed by a board of commissioners, referred to in this Section as the "board", composed of seven members, all of whom shall be appointed by the governing authority of the parish of Lafourche.
(2) Board members shall serve terms as provided in the bylaws adopted by the board.
(3) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
(4) Board members shall be eligible for reappointment.
(5) Board members shall serve without compensation.
(6) The board shall elect from its members a chair, a vice chair, a secretary, and a treasurer. The board may combine such offices or elect other officers as it deems necessary.
(7) The board shall keep minutes of all meetings and shall make them available through the secretary of the board to residents of the district. The minute books and archives of the district shall be maintained by the secretary of the board. The monies, funds, and accounts of the district shall be in the official custody of the board.
(8) The board may adopt bylaws or such other rules and regulations as it deems necessary or advisable for conducting its business affairs.
(9) The board shall hold regular meetings at least quarterly and may hold special meetings at such times and places within the district as may be prescribed by the board.
(10) A majority of the members of the board shall constitute a quorum for the transaction of business.
E. The district shall have and exercise all powers of a political subdivision necessary or convenient for the purpose of funding the district and carrying out its objects and purposes, including but not limited to the following:
(1) To incur debt.
(2) To sue and be sued.
(3) To adopt, use, and alter at will a corporate seal.
(4) To adopt bylaws and rules and regulations.
(5) To receive by gift, grant, or donation any sum of money, property, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof, or any person, firm, or corporation.
(6) To enter into contracts, agreements, or cooperative endeavors with the state and its political subdivisions or political corporations and with any public or private association, corporation, business entity, or individual.
(7) To elect officers and appoint agents and employees, prescribe their duties, and fix their compensation.
(8) To acquire property by purchase, gift, grant, donation, or lease.
(9) To establish monetary, bank, and investment accounts.
(10) To establish committees and subcommittees.
F. The district shall not be deemed to be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana.
G. The district, through the board, may levy and collect an ad valorem tax not to exceed two mills on the dollar of assessed valuation upon all taxable immovable property situated within the boundaries of the district. The district may levy the tax only if the amount, term, and purpose of such tax, as set out in a proposition submitted to a vote in accordance with the Louisiana Election Code, has been approved by a majority of the qualified electors of the district voting on the proposition at an election held for that purpose.
H.(1) The board shall adopt an annual budget in accordance with the Local Government Budget Act, R.S. 39:1301 et seq.
(2) The district shall be subject to audit by the legislative auditor pursuant to R.S. 24:513.
I. It is the purpose and intent of this Section that the additional services, training, advocacy, resources, and community connections provided to individuals with developmental disabilities through the funding authorized in this Section shall be supplemental to and not in lieu of such training, advocacy, resources, and community connections provided by other private and public entities located within the parish of Lafourche.
Acts 2015, No. 291, §1.
This Chapter shall be known and may be cited as the "Group Home for Persons Who Have Mental Illness or Developmental Disabilities Act".
Added by Acts 1981, No. 892, §1, eff. Aug. 2, 1981; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
The legislature hereby declares that it is the policy of this state as declared and established in this Title, particularly in the Developmental Disability Law and the Behavioral Health Law, that persons with mental or physical disabilities are entitled to live in the least restrictive environment in their own community and in normal residential surroundings and should not be excluded therefrom because of their disabilities. The legislature further declares that the provisions of this Chapter are intended to secure to all of the citizens of this state the right to individual dignity as provided in Article I, Section 3 of the Constitution of Louisiana and to protect the rights and promote the happiness and general welfare of the people of this state. To that end, the legislature hereby declares that the provisions of this Chapter are an exercise of the police power reserved to the state by Article I, Section 4 and Article VI, Section 9(B) of the Constitution of Louisiana.
Added by Acts 1981, No. 892, §1, eff. Aug. 2, 1981; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
As used in this Chapter, unless otherwise clearly indicated, these words and phrases have the following meanings:
(1) "Community home" means a facility certified, licensed, or monitored by the Louisiana Department of Health to provide resident services and supervision to six or fewer persons who have mental illness or developmental disabilities. Such facility shall provide supervisory personnel in order to function as a single family unit but not to exceed two live-in persons.
(2) "Department" means the Louisiana Department of Health.
(3)(a) "Person who has a mental illness or a developmental disability" means any person who has a physical or mental impairment which substantially limits one or more of the following major life activities:
(i) Self-care.
(ii) Receptive or expressive language.
(iii) Learning.
(iv) Mobility.
(v) Self-direction.
(vi) Capacity for independent living.
(vii) Economic self-sufficiency.
(b) This definition shall not include persons with substance-related or addictive disorders, nor shall it apply to persons who have mental illness or developmental disabilities and are currently under sentence or on parole from any criminal violation or who have been found not guilty of a criminal charge by reason of insanity.
Added by Acts 1981, No. 892, §1, eff. Aug. 2, 1981; Acts 1992, No. 334, §1, eff. June 17, 1992; Acts 1992, No. 774, §1, eff. July 7, 1992; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
A. In order to achieve uniform statewide implementation of the policies of this Title and of those of the Developmental Disabilities Law and of the Behavioral Health Law, it is necessary to establish the statewide policy that community homes are permitted by right in all residential districts zoned for multiple-family dwellings.
B. The department shall establish appropriate standards with interpretative guidelines and establish monitoring procedures. In no case shall a community home be placed within a one thousand foot radius of another community home.
C. The local sponsor shall notify the local governing authority of his intent to file an application to the department to open a community home. In any area over which a local planning commission has jurisdiction the site selection shall first be submitted to the local planning commission, which shall recommend approval or disapproval of the site to the local governing authority. The local governing authority shall then affirm or reverse the decision of the planning commission by a majority vote of its entire membership, within forty-five days of the date of the original notification to the local planning commission. In any area in which there is no local planning commission, the local governing authority shall approve or disapprove the site within forty-five days from the date of the original notification to the local governing authority. Whenever the local governing authority has disapproved the site, the local sponsor and the department may develop an alternate site selection for the community home which is acceptable to the local sponsor, the local governing authority, and the department.
D. Whenever the department schedules a public hearing to review any application to open a community home, the department shall notify each legislator whose district encompasses the proposed location of the home. The notice shall be provided at least five calendar days prior to the public hearing.
E. Notwithstanding any provision of law to the contrary, the department, upon finding a qualified need for a community home in the parish of Rapides, that would not create an environment or atmosphere that will contradict the principle of integrated community living, may authorize such community home within a one thousand foot radius of another community home after meeting the following requirements:
(1) A public hearing to review the application for the community home.
(2) Written documentation supporting the necessity of the placement of the community home.
Added by Acts 1981, No. 892, §1, eff. Aug. 2, 1981; Acts 1985, No. 521, §1, eff. July 12, 1985; Acts 1991, No. 826, §1; Acts 2011, 1st Ex. Sess., No. 13, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
Repealed by Acts 2017, No. 369, §7.
Repealed by Acts 2017, No. 369, §7.
Repealed by Acts 2017, No. 369, §7.
Repealed by Acts 2017, No. 369, §7.
Repealed by Acts 2017, No. 369, §7.
Repealed by Acts 2017, No. 369, §7.
Repealed by Acts 2017, No. 369, §7.
§§562 to 566 Repealed by Acts 1978, No. 680, §3
Repealed by Acts 2013, No. 308, §2.
Repealed by Acts 2013, No. 308, §2.
Repealed by Acts 2013, No. 308, §2.
Repealed by Acts 2013, No. 308, §2.
Repealed by Acts 2013, No. 308, §2.
Repealed by Acts 2013, No. 308, §2.
Repealed by Acts 2013, No. 308, §2.
A. The office for citizens with developmental disabilities, Louisiana Department of Health, may provide for the establishment of pilot programs for children with developmental disabilities who are considered at-risk juveniles. The pilot programs may provide developmental disabilities services including assessment, counseling, and structured activities and living options, both as defined in this Title for juveniles referred by other agencies including but not limited to juvenile courts, the office of children and family services, and the office of juvenile justice. The pilot programs shall be operated in cooperation with other offices of the Louisiana Department of Health, the Department of Children and Family Services, and the Department of Public Safety and Corrections.
B. The office may contract with community-based organizations and other public or private organizations and facilities to administer and operate the pilot programs to the extent that funds are available.
C. The office shall promulgate rules and regulations in accordance with the Administrative Procedure Act to provide definitions and to establish standards for program operations and procedures.
D. The office may apply for available federal, state, and private funds for diagnostic and referral programs for at-risk juveniles.
Acts 1990, No. 799, §1; Acts 2004, No. 858, §1, eff. July 12, 2004; Acts 2008, No. 565, §4.
The Interstate Compact on Mental Health is hereby recognized and enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows:
INTERSTATE COMPACT ON MENTAL HEALTH
The contracting states solemnly agree that:
Article I
The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability of furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.
Article II
As used in this compact:
(a) "Sending state" shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.
(b) "Receiving state" shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.
(c) "Institution" shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.
(d) "Patient" shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact.
(e) "After-care" shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release.
(f) "Mental illness" shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community.
(g) "Mental deficiency" shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.
(h) "State" shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
Article III
(a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement, or citizenship qualifications.
(b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.
(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient.
(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient.
(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.
Article IV
(a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.
(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state.
(c) In supervising, treating, or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care and treatment that it employs for similar local patients.
Article V
Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law.
Article VI
The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.
Article VII
(a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.
(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.
(c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.
(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a non-party state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.
Article VIII
(a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or in respect of any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.
(b) The term "guardian" as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.
Article IX
(a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.
(b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.
Article X
(a) Each party state shall appoint a "compact administrator" who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.
(b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.
Article XI
The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.
Article XII
This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.
Article XIII
(a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact.
(b) Withdrawal from any agreement permitted by Article VII(b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.
Article XIV
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstances shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Added by Acts 1958, No. 336, §1.
Pursuant to said compact, the secretary of the Louisiana Department of Health shall be the compact administrator and, acting jointly with like officers or other party states, he shall have the power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is hereby authorized, empowered, and directed to cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or any supplementary agreement or agreements entered into by this state thereunder.
Added by Acts 1958, No. 336, §1. Amended by Acts 1974, No. 294, §1; Acts 1977, No. 682, §1; Acts 1980, No. 254, §1.
The compact administrator is hereby authorized and empowered to enter into supplementary agreement with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the division or agency under whose jurisdiction said institution or facility is operated or whose division or agency will be charged with the rendering of such service.
Added by Acts 1958, No. 336, §1. Amended by Acts 1974, No. 294, §1.
The compact administrator may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
Added by Acts 1958, No. 336, §1.
The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the coroner and judge of the parish from which the proposed transferee was committed.
Added by Acts 1958, No. 336, §1.
Duly authorized copies of this law shall, upon its approval, be transmitted by the compact administrator to the governor of each state, the attorney general and the administrator of the general services administration of the United States, and the council of state governments.
Added by Acts 1958, No. 336, §1.
A. The purpose of this Chapter is to establish the Louisiana Developmental Disabilities Council to coordinate, monitor, plan, and evaluate those services, other assistance, and opportunities necessary to enable persons with developmental disabilities to achieve their maximum potential through:
(1) Increased self-determination, independence, productivity, and integration and inclusion into the community, and
(2) An enhanced role of the family in assisting persons with developmental disabilities.
B. The Louisiana Developmental Disabilities Council is hereby established within the Louisiana Department of Health to serve as an advocate for persons with developmental disabilities. The council shall:
(1) Plan effective coordination of state resources to meet the needs of persons with developmental disabilities.
(2) Promote the dignity of persons with developmental disabilities.
(3) Serve as an advisor to the governor, the secretary of the Louisiana Department of Health, and the legislature on programs and policies pertaining to services for persons with developmental disabilities and their families.
(4) Promote provision of a full range of services, assistance, and opportunities for persons with developmental disabilities, including housing, education, rehabilitation, employment, recreation, family support, and other needed support services, in the least restrictive environment.
Added by Acts 1982, No. 528, §1. Acts 1984, No. 350, §2, eff. September 1, 1984; Acts 1989, No. 515, §1, eff. July 1, 1989; Acts 2001, No. 638, §1, eff. June 22, 2001.
For purposes of this Chapter:
(1) "Council" means Louisiana Developmental Disabilities Council.
(2) "Developmental disability" means:
(a) A severe, chronic disability of a person which:
(i) Is attributable to a mental or physical impairment or combination of mental and physical impairments.
(ii) Is manifested before the person attains age twenty-two.
(iii) Is likely to continue indefinitely.
(iv) Results in substantial functional limitations in three or more of the following areas of major life activity:
(aa) Self-care.
(bb) Receptive and expressive language.
(cc) Learning.
(dd) Mobility.
(ee) Self-direction.
(ff) Capacity for independent living.
(gg) Economic sufficiency.
(v) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.
(b) A substantial developmental delay or specific congenital or acquired condition, in an individual from birth to age nine, inclusive, which, without services and support, has a high probability of resulting in those criteria in Subparagraph (a) of this Paragraph later in life may be considered to be a developmental disability.
(3) "Family support" means services designed to:
(a) Strengthen the family's role as primary caregivers.
(b) Prevent inappropriate out-of-home placement and maintain family unity.
(c) Reunite families with members who have been placed out of the home. Such term includes respite care, personal care, parent training and counseling, support for elderly parents, and other individualized services.
(4) "Inclusion", as used with respect to individuals with developmental disabilities, means the acceptance and encouragement of the presence and participation of individuals with developmental disabilities, by individuals without disabilities, in social, educational, work, and community activities, that enables individuals with developmental disabilities to:
(a) Have friendships and relationships with individuals and families of their own choice.
(b) Live in homes close to community resources, with regular contact with individuals without disabilities in their communities.
(c) Enjoy full access to and active participation in the same community activities and types of employment as individuals without disabilities.
(d) Take full advantage of their integration into the same community resources as individuals without disabilities, living, learning, working, and enjoying life in regular contact with individuals without disabilities.
(5) "Independence" means the extent to which persons with developmental disabilities exert control and choice over their own lives.
(6) "Integration", when used with respect to individuals with developmental disabilities, means exercising the equal right of individuals with developmental disabilities to access and use the same community resources as are used by and available to other individuals.
(7) "Productivity" means:
(a) Engagement in income-producing work by a person with developmental disabilities which is measured through improvements in income level, employment status, or job advancement.
(b) Engagement by a person with developmental disabilities in work which contributes to a household or community.
(8) "Self-determination activities" means activities that result in individuals with developmental disabilities with appropriate assistance having:
(a) The ability and opportunity to communicate and make personal decisions.
(b) The ability and opportunity to communicate choices and exercise control over the type and intensity of services, support, and other assistance the individuals receive.
(c) The authority to control resources to obtain needed services, support, and other assistance.
(d) Opportunities to participate in, and contribute to, their communities.
(e) Support, including financial support, to advocate for themselves and others, to develop leadership skills through training in self-advocacy, to participate in coalitions, to educate policymakers, and to play a role in the development of public policies that affect individuals with developmental disabilities.
Added by Acts 1982, No. 528, §1. Acts 1989, No. 515, §1, eff. July 1, 1989; Acts 2001, No. 638, §1, eff. June 22, 2001.
The responsibilities of the council shall include but not be limited to the following:
(1) To assist in the development of state plans to include the establishment of goals and priorities for meeting the needs of persons with developmental disabilities.
(2) To review programs and policies that affect persons with developmental disabilities, identify gaps and barriers to services, and assist in prevention of duplicative programs and services.
(3) To promote public understanding of the needs and contributions of persons with developmental disabilities.
(4) To develop, maintain, and disseminate information models, findings, conclusions, and recommendations to enhance assistance and opportunities for persons with developmental disabilities.
(5) To collaborate with the Louisiana Protection and Advocacy System.
(6) To collaborate with the University Center for Excellence in Developmental Disabilities Education, Research, and Service.
(7) To promote legislation to improve services to persons with developmental disabilities and monitor the passage and implementation of legislation affecting persons with developmental disabilities.
(8) To monitor the provision of services to persons with developmental disabilities.
(9) To provide funding to state and local agencies to demonstrate innovative ways to enhance the independence, productivity, and integration into the community of persons with developmental disabilities.
(10) To develop a council plan annually which contains goals and objectives for the council.
(11) To monitor and evaluate at least annually the implementation of the council's plan.
(12) To report regularly to the secretary of the Louisiana Department of Health, the governor, the legislature, and other state agencies and organizations on the progress of programs for persons with developmental disabilities.
(13) To enhance coordination among public and private agencies by conducting studies and developing model policies and procedures.
(14) To train persons with developmental disabilities, family members, and personnel, to obtain access to or to provide services and other assistance, including specialized services, or special adaptations of generic services for persons with developmental disabilities and their families.
(15) To develop and monitor implementation of the Community and Family Support System plan (R.S. 28:821 et seq.).
(16) To administer the federal Developmental Disabilities Act in the state.
(17) The council shall implement the state plan by conducting and supporting advocacy, capacity building, and systemic change activities such as those described below:
(a) The council may support and conduct outreach activities to identify individuals with developmental disabilities and their families who otherwise might not come to the attention of the council and assist and enable the individuals and families to obtain services, individualized support, and other forms of assistance, including access to special adaptation of generic community services or specialized services.
(b) The council may support and conduct training for persons who are individuals with developmental disabilities, their families, and personnel, including professionals, paraprofessionals, students, volunteers, and other community members, to enable such persons to obtain access to, or to provide, community services, individualized support, and other forms of assistance, including special adaptation of generic community services or specialized services for individuals with developmental disabilities and their families. To the extent that the council supports or conducts training activities under this Subparagraph, such activities shall contribute to the achievement of the purpose of this Chapter.
(c) The council may support and conduct technical assistance activities to assist public and private entities to contribute to the achievement of the purpose of this Chapter.
(d) The council may support and conduct activities to assist neighborhoods and communities to respond positively to individuals with developmental disabilities and their families:
(i) By encouraging local networks to provide informal and formal supports.
(ii) Through education.
(iii) By enabling neighborhoods and communities to offer such individuals and their families access to and use of services, resources, and opportunities.
(e) The council may support and conduct activities to promote interagency collaboration and coordination to better serve, support, assist, or advocate for individuals with developmental disabilities and their families.
(f) The council may support and conduct activities to enhance coordination of services with:
(i) Other councils, entities, or committees, authorized by federal or state law concerning individuals with disabilities, such as the state interagency coordinating council established under Subtitle (C) of the Individuals with Disabilities Education Act, 20 U.S.C. 1431 et seq., the State Rehabilitation Council and the Statewide Independent Living Council established under the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., the state mental health planning council established under Subtitle (B) of Title XIX of the Public Health Service Act , 42 U.S.C. 300x-1 et seq., and the activities authorized under Section 101 or 102 of the Assistive Technology Act of 1998, 29 U.S.C. 3011, 3012, and entities carrying out other similar councils, entities, or committees.
(ii) Parent training and information centers under Part (D) of the Individuals with Disabilities Education Act, 20 U.S.C. 1451 et seq., and other entities carrying out federally funded projects that assist parents of children with disabilities.
(iii) Other groups interested in advocacy, capacity building, and systemic change activities to benefit individuals with disabilities.
(g) The council may support and conduct activities to eliminate barriers to access and use of community services by individuals with developmental disabilities, enhance systems design and redesign, and enhance citizen participation to address issues identified in the state plan.
(h) The council may support and conduct activities to educate the public about the capabilities, preferences, and needs of individuals with developmental disabilities and their families and to develop and support coalitions that support the policy agenda of the council, including training in self-advocacy, education of policymakers, and citizen leadership skills.
(i) The council may support and conduct activities to provide information to policymakers by supporting and conducting studies and analysis, gathering information, and developing and disseminating model policies and procedures, information, approaches, strategies, findings, conclusions, and recommendations. The council may provide the information directly to federal, state, and local policymakers, including congress, the federal executive branch, the governors, state legislatures, and state agencies, in order to increase the ability of such policymakers to offer opportunities and to enhance or adapt generic services to meet the needs of, or provide specialized services to, individuals with developmental disabilities and their families.
(j) The council may support and conduct, on a time-limited basis, activities to demonstrate new approaches to serving individuals with developmental disabilities that are a part of an overall strategy for systemic change. The strategy may involve the education of policymakers and the public about how to deliver effectively, to individuals with developmental disabilities and their families, services, supports, and assistance that contribute to the achievement of the purpose of this Chapter. The council may carry out the provisions of this Subparagraph by supporting and conducting demonstration activities through sources of funding other than funding provided under this Chapter, and by assisting entities conducting demonstration activities to develop strategies for securing funding from other sources.
(k) The council may support and conduct other advocacy, capacity building, and systemic change activities to promote the development of a coordinated, consumer and family-centered, consumer and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance that contribute to the achievement of the purpose of this Chapter.
Added by Acts 1982, No. 528, §1. Acts 1984, No. 350, §1, eff. Sept. 1, 1984; Acts 1989, No. 378, §1; Acts 1989, No. 515, §1, eff. July 1, 1989; Acts 1995, No. 369, §1; Acts 2001, No. 638, §1, eff. June 22, 2001.
A. Council members shall be appointed by the governor. Membership of the council shall not exceed twenty-eight persons. At least sixty percent of the membership of the council shall consist of individuals with developmental disabilities, parents or guardians of children with developmental disabilities, or immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves. Of this sixty percent of the council, one-third shall be persons with developmental disabilities, one-third shall be parents or guardians of children with developmental disabilities or immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves, and one-third shall be a combination of those described above. At least one of these individuals shall be an immediate relative or guardian of an individual with a developmental disability who resides or previously resided in an institution or shall be an individual with a developmental disability who resides or previously resided in an institution.
B. Of the remaining membership of the council, there shall be representation of the principal state agencies, in accordance with federal law; and representatives of higher education training facilities, local agencies, and nongovernmental agencies and groups concerned with services to persons with developmental disabilities.
Added by Acts 1982, No. 528, §1. Acts 1989, No. 515, §1, eff. July 1, 1989; Acts 2001, No. 638, §1, eff. June 22, 2001.
The officers of the council shall be the chairperson and vice-chairperson and shall be elected by the council in accordance with the bylaws.
Added by Acts 1982, No. 528, §1.
Members of the council shall not be entitled to compensation for their services as members but shall be reimbursed for actual travel expenses as provided by law and travel regulations issued by the Division of Administration. Those members of the council serving in an ex officio capacity shall not be reimbursed for such actual travel expenses from grant monies specifically designated for the developmental disabilities program.
Added by Acts 1982, No. 528, §1.
The council shall adopt and amend bylaws governing its proceedings, activities, and organization, including but not limited to, provisions for election of officers, rotation of members, quorum, procedure, frequency, and location of meetings, and establishment, function, and membership on council committees.
Added by Acts 1982, No. 528, §1.
The council shall have full appointing authority for all personnel purposes and shall be empowered to hire and supervise sufficient staff to ensure the council's ability to fulfill its responsibilities. Two of these positions shall be unclassified civil service positions, pursuant to Article X, Section 2(B)(7) of the Constitution of Louisiana, and the State Civil Service Commission may provide that others among these positions shall be unclassified positions.
Added by Acts 1982, No. 528, §1. Acts 1989, No. 515, §1, eff. July 1, 1989; Acts 1999, No. 1039, §1, eff. July 9, 1999; Acts 2018, No. 206, §1.
The council may adopt regulations in fulfillment of its responsibilities in accordance with Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950.
Added by Acts 1982, No. 528, §1.
A. The office of behavioral health of the Louisiana Department of Health, hereinafter referred to as the "office", shall perform the functions of the state relating to the care, training, treatment, and education of persons suffering from substance-related and addictive disorders and the prevention of those disorders. It shall administer residential and outpatient care facilities of the state for substance-related and addictive disorder patients and administer the substance-related and addictive disorders programs in the state.
B. The office shall additionally have the following duties and responsibilities:
(1) Formulation and implementation of policies relating to the treatment and prevention of substance-related and addictive disorders in accordance with applicable state law; however, the provisions of this Section shall not apply to the Substance Abuse Prevention Program of the Department of Education and the Highway Safety Act of 1966 (P.L. 89-564) administered by the Highway Safety Commission of the Department of Public Safety and Corrections.
(2) Provision of all services to persons suffering from substance-related and addictive disorders which were formerly provided by the office of prevention and recovery from alcohol and drug abuse of the Louisiana Department of Health and such services otherwise required by law. The office may provide such services directly or through contracts with local, state, or federal agencies or private care providers.
(3) Administration of all programs relating to substance-related and addictive disorders listed in this Title.
(4) Coordination of all programs of all state departments relating to substance-related and addictive disorders, including assisting such agencies in the assessment and referral of persons subject to their jurisdiction. The office shall also establish and implement an employee assistance program on substance-related and addictive disorders for state employees.
(5)(a) Provision of assessment, referral, and treatment services for substance-related and addictive disorders to persons subject to the custody of state, municipal, or parish correctional institutions pursuant to agreements with such institutions and to persons subject to driving while intoxicated programs. In addition to any charges established by the department for treatment services by the office provided to persons subject to driving while intoxicated programs, the department may assess every patient in such program to whom the office provides treatment services a standard copayment fee of ten dollars per session subject to applicable federal regulations. A patient whose treatment is provided by the office through a private contractor shall not be assessed a copayment fee as provided above. Nothing in this Paragraph shall be construed to prohibit such a private provider from assessing fees otherwise allowable under applicable federal and state laws.
(b) The copayment provided for in this Paragraph shall be deposited in the state treasury pursuant to R.S. 39:82 and shall be accounted for by the commissioner of administration through appropriations control pursuant to R.S. 39:334(B)(6). The commissioner of administration shall establish a separate cost center in the office of behavioral health and the office for citizens with developmental disabilities for revenue generated pursuant to this Paragraph. All funds not obligated shall revert to the state general fund at the end of the fiscal year.
(6) Maintenance of complete statistics and other relevant information on substance-related and addictive disorders within the state of Louisiana and provision of such information to interested agencies, groups, and individuals upon request.
(7) Receive any federal funds available under Title XVIII, Title XIX, and Title XX of the Social Security Act and any other funds specifically allocated for the prevention or treatment of substance-related and addictive disorders and to use any such funds received.
(8) Development of procedures and criteria for determining, and, in accordance with such procedures and criteria, determination of the ability of a patient or person receiving services, or his legal guardian, to pay all or a part of the costs of the care or treatment of the patient or recipient. The department shall promulgate rules and regulations to provide for such determination and for the assessment of charges for care or treatment based on such determination.
(9) Provide a twenty-four-hour, toll-free telephone service to provide information regarding available services to assist with gambling disorders.
(10) Require any patient who is given a urine drug screen in a state-operated outpatient or inpatient facility as part of his treatment by the office of behavioral health to pay a copayment of not more than twelve dollars per screen to the provider of the screen if he is able to pay such copayment based on a sliding fee scale. Such copayments shall be charged and collected by the provider. The department shall promulgate rules and regulations to establish a sliding fee scale and criteria for determining a patient's ability to pay. Any patient eligible to receive Medicaid shall be exempt from the provisions of the copayment requirements. The copayments shall be exempt from the provisions of R.S. 49:971(A)(3) which provide that no state agency shall increase any existing fee or impose any new fee unless the fee increase or fee adoption is expressly authorized pursuant to a fee schedule established by statute or specifically authorized by federal law, rules, or regulations for the purpose of satisfying an express mandate of such federal law, rule, or regulation.
C. The services and programs as described in Subsections A and B of this Section shall be the responsibility of and shall be performed by the Jefferson Parish Human Services Authority for Jefferson Parish only. The department shall not be responsible for and shall not perform these services and programs in Jefferson Parish.
D. The services and programs as described in Subsections A and B of this Section, excluding the operation and management of any inpatient facility under the jurisdiction of the department, shall be the responsibility of and shall be performed by the Capital Area Human Services District for the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Pointe Coupee, West Baton Rouge, and West Feliciana only. The department shall not be responsible for and shall not perform these services and programs in such parishes provided that if funds are not appropriated by the legislature for the district to provide these services and programs in those parishes, the department shall continue to be responsible for and shall perform these services and programs in those parishes.
E. The services and programs as described in Subsections A and B of this Section, excluding the operation and management of any inpatient facility for developmental disabilities and mental health under the jurisdiction of the department, shall be the responsibility of and shall be performed by the Florida Parishes Human Services Authority for the parishes of Livingston, St. Helena, St. Tammany, Tangipahoa, and Washington only. The department shall not be responsible for and shall not perform these services and programs in such parishes provided that if funds are not appropriated by the legislature for the authority to provide these services and programs in those parishes, the department shall continue to be responsible for and shall perform these services and programs in those parishes.
F. The services and programs as described in Subsections A and B of this Section, excluding the operation and management of any inpatient facility under the jurisdiction of the department, shall be the responsibility of and shall be performed by the Metropolitan Human Services District for the parishes of Orleans, St. Bernard, and Plaquemines only. The department shall not be responsible for and shall not perform these services and programs in such parishes provided that if funds are not appropriated by the legislature for the district to provide these services and programs in those parishes, the department shall continue to be responsible for and shall perform these services and programs in those parishes.
G. The services and programs as described in Subsections A and B of this Section, excluding the operation and management of any inpatient facility under the jurisdiction of the department, shall be the responsibility of and shall be performed by the South Central Louisiana Human Services District for the parishes of Assumption, Lafourche, St. Charles, St. James, St. John the Baptist, St. Mary, and Terrebonne only. The department shall not be responsible for and shall not perform these services and programs in such parishes provided that if funds are not appropriated by the legislature for the district to provide these services and programs in those parishes, the department shall continue to be responsible for and shall perform these services and programs in those parishes.
H. The services and programs as described in Subsections A and B of this Section, excluding the operation and management of any inpatient facility under the jurisdiction of the department, shall be the responsibility of and shall be performed by the Northeast Delta Human Services Authority for the parishes of Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, Union, and West Carroll only. The department shall not be responsible for and shall not perform these services and programs in such parishes provided that if funds are not appropriated by the legislature for the district to provide these services and programs in those parishes, the department shall continue to be responsible for and shall perform these services and programs in those parishes.
Acts 1988, 1st. Ex. Sess., No. 1, §1, eff. Mar. 28, 1988; Acts 1989, No. 159, §1; Acts 1989, No. 458, §1; Acts 1990, No. 94, §1; Acts 1993, No. 466, §1, eff. June 9, 1993; Acts 1993, No. 712, §1, eff. June 21, 1993; Acts 1995, No. 723, §1, eff. June 21, 1995; Acts 1996, 1st Ex. Sess., No. 54, §1; Acts 1999, No. 339, §1; Acts 2001, No. 826, §1, eff. June 26, 2001; Acts 2003, No. 594, §1, eff. June 27, 2003; Acts 2003, No. 846, §1, eff. July 1, 2003; Acts 2006, No. 449, §1, eff. June 15, 2006; Acts 2006, No. 631, §1, eff. June 23, 2006; Acts 2009, No. 384, §2, eff. July 1, 2010; Acts 2015, No. 401, §6(A); Acts 2017, No. 369, §2; Acts 2022, No. 271, §7.
A.(1) Funding for regional substance-related and addictive disorder services as defined in Subsection B of this Section shall be allocated to each region according to a formula developed by the assistant secretary of the office of behavioral health, promulgated in accordance with the Administrative Procedure Act, and evaluated each year to determine necessary changes.
(2) The formula developed by the office shall weigh certain elements in determining the formula. The elements and their assigned weights are as follows:
(a) Persons in poverty in a particular region shall be assigned a weight of twenty percent.
(b) The population of persons in the age range of most potential service recipients in a region shall be assigned a weight of twenty percent.
(c) The estimated number of adults in a region needing treatment for substance-related and addictive disorders shall be assigned a weight of twenty percent.
(d) Arrests determined to reflect the need for funds for addictive disorder services shall be assigned a weight of fifteen percent.
(e) Rural composition of a region shall be assigned a weight of fifteen percent.
(f) Teenage mothers in a region shall be assigned a weight of ten percent.
(3) The formula shall also consider certain factors:
(a) Regional programs shall be be held harmless in implementation of the formula. Funding shall not be reduced for any region in order to shift funds to underserved regions.
(b) Dollars follow clients who move from region to region.
(c) Drug courts and other multiregional programs shall be identified and considered under the "dollars follow clients" policy.
(d) Funding of programs which are statewide in nature shall not be included in formula funding comparisons.
(e) The formula shall be used to identify underserved regions of the state and to target these regions with new or underutilized funds.
(f) The formula shall not be applicable to statewide budget reductions.
B. "Regional substance-related and addictive disorder services" shall include all treatment and prevention or education services provided in each region.
C. The funding for multi-regional facilities shall not be included in the computation of the funds allocated and shall not be considered funding of regional addictive disorder services.
D. In the event that the secretary or assistant secretary of the department determines that compliance with this Section would jeopardize federal funding, the secretary or assistant secretary may allocate more or fewer funds to one or more regions if such action is approved by the House and Senate committees on health and welfare.
E. The secretary or assistant secretary of the department shall submit an annual report to each member of the legislature listing the contractors and the amounts such contractors received for the provision of regional addictive disorder services and services provided through grants which were received through application by the department or a regional office of the department.
Acts 1995, No. 1166, §1, eff. July 1, 1996; Acts 1999, No. 339, §1; Acts 2000, 1st Ex. Sess., No. 117, §1; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2012, No. 418, §1; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1.
This Chapter shall be known and may be cited as the "Louisiana Suicide Prevention Act".
Acts 2018, No. 450, §1.
For purposes of this Chapter, the following terms have the meaning ascribed to them in this Section:
(1) "America's Health Rankings report" means the annual report of that name published by the United Health Foundation.
(2) "Department" means the Louisiana Department of Health.
(3) "Office of behavioral health" means the office of behavioral health of the Louisiana Department of Health.
(4) "State suicide prevention plan" means the Louisiana suicide prevention plan required by and provided for more specifically in Part III of this Chapter.
(5) "Suicide Prevention Resource Center" means the resource center of that name operated by the Education Development Center, Incorporated, which is devoted to advancing the National Strategy for Suicide Prevention.
(6) "Zero suicide initiative" means the program for suicide prevention created by the provisions of Part II of this Chapter.
Acts 2018, No. 450, §1.
A. The legislature hereby finds and declares all of the following:
(1) An individual suicide is a tragic event, and suicide generally is now recognized as a serious public health concern.
(2) According to the 2016 America's Health Rankings report, the number of deaths due to suicide per one hundred thousand population in the United States rose steadily from 2012 through 2016, and Louisiana's rate of deaths from suicide is nearly ten percent higher than the national average.
(3) While suicide occurs among persons of all ages, ethnic backgrounds, and income levels, it is an especially troubling problem among youth in Louisiana, with suicide ranking as the second-leading cause of death in this state for persons between the ages of ten and twenty-four in 2014, the most recent year for which complete data are available.
(4) Suicide is a pronounced public health concern among military veterans nationwide and in Louisiana particularly, as Louisiana's veteran suicide rate is over ten percent higher than that of the nation and of the southern region.
(5) Enhancing suicide awareness and prevention has been a priority of the Legislature of Louisiana as evidenced by the final passage, or final adoption and concurrence, of all of the following acts and concurrent resolutions:
(a) Act 86 of the 2017 Regular Session, providing for in-service training on suicide prevention for teachers and other employees of nonpublic and charter schools, as had previously been provided in law for teachers and other employees of traditional public schools.
(b) Act 582 of the 2014 Regular Session, providing relative to suicide assessment, intervention, treatment, and management training for several health professions.
(c) House Concurrent Resolution No. 152 of the 2016 Regular Session, recognizing the month of September as suicide prevention awareness month in this state and urging greater awareness of the problem of suicide, particularly among military veterans.
(d) Senate Concurrent Resolution No. 75 of the 2014 Regular Session, requesting that the department develop a list of best practice suicide prevention training programs to make available for groups of professionals and citizens to take voluntarily.
(e) House Concurrent Resolution No. 15 of the 2013 Regular Session, requesting the department to study the most effective means by which to reduce the rate of suicide in this state and report its findings to the legislative committees on health and welfare.
(6) Healthcare settings, including mental and behavioral health systems, primary care clinics, physical and mental health clinics in educational institutions, and hospitals are valuable access points to reach those at risk for suicide.
(7) National data indicate all of the following:
(a) Over thirty percent of individuals are receiving mental health care at the time of their deaths by suicide.
(b) Approximately forty-five percent of persons who die by suicide have seen a primary care physician within one month of their deaths, illustrating that primary care is often the entry point into the health system for individuals who are less likely to seek out mental health services.
(c) Approximately twenty-five percent of those who die by suicide visited an emergency department in the month prior to their deaths.
(8) Healthcare facilities and providers including but not limited to mental health professionals, behavioral health services providers, primary care providers, and hospitals that have implemented a suicide prevention model such as that provided for in Part II of this Chapter have noted significant reductions in suicide deaths among patients within their care.
(9) Identifying and putting into practice an effective means of suicide prevention such as that provided for in this Chapter is a vital public health priority for this state.
B. The legislature hereby declares that the purpose of this Chapter is to combat a dire public problem in this state by creating and providing for the zero suicide initiative, a systems approach and national best practice for addressing suicide as a public health issue.
Acts 2018, No. 450, §1.
The office of behavioral health may receive and expend funds as may be necessary to carry out the requirements of this Chapter, including but not limited to funds appropriated by the legislature, including any appropriation of federal funds; and any public or private donations, gifts, or grants from governmental sources, individuals, corporations, nonprofit organizations, business entities, and any other lawful source.
Acts 2018, No. 450, §1.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
A. The legislature hereby creates the zero suicide initiative, which shall be administered by the office of behavioral health in accordance with the provisions of this Part.
B. The legislature hereby declares that the zero suicide initiative embodies the foundational belief and aspirational goal that suicide deaths of individuals who are under the care of any part of the health system in this state, including providers of mental health and behavioral health services, are frequently preventable.
C. The zero suicide initiative of this state shall be based upon the model set forth in the National Strategy for Suicide Prevention published in 2012 by the United States Surgeon General and further developed, refined, and promoted by the Suicide Prevention Resource Center or its successor.
Acts 2018, No. 450, §1.
A. In administering the zero suicide initiative, the office of behavioral health shall ensure that the initiative incorporates, at minimum, all of the following components as set forth by the zero suicide model of the Suicide Prevention Resource Center:
(1) Leadership development.
(2) Healthcare provider training.
(3) Identification of suicide risk factors.
(4) Patient engagement.
(5) Treatment.
(6) Health system transition.
(7) Health system quality improvement.
B. The office of behavioral health shall ensure that administrators of all healthcare facilities licensed by the department and that all healthcare professionals licensed by any board or commission of the department have ready access to informational resources and technical assistance necessary for implementation of the zero suicide initiative.
C.(1) Subject to the limitations of Paragraph (2) of this Subsection, the office of behavioral health shall examine and coordinate the use of existing data to identify priority groups of patients, improve the quality of care for persons who are suicidal, and provide a basis for measuring progress in the ongoing operation of the zero suicide initiative.
(2) The office of behavioral health shall carry out the requirements of Paragraph (1) of this Subsection in a manner that protects the privacy of individuals, and shall comply with all applicable state and federal laws and regulations relative to privacy of health information.
D. The department shall promulgate all rules and regulations in accordance with the Administrative Procedure Act as may be necessary to implement the provisions of this Part.
Acts 2018, No. 450, §1.
Because suicide in Louisiana is a primary public health concern, the legislature intends that the office of behavioral health, state and local criminal justice systems, healthcare facilities and providers including but not limited to mental health professionals, behavioral health services providers, primary care providers, hospitals, and physical and mental health clinics in educational institutions throughout this state do all of the following:
(1) Work in collaboration to adopt and operate the zero suicide initiative as promulgated in administrative rules of the department.
(2) Work with advocacy groups, faith-based organizations, and any other entities with an interest in suicide prevention to support the adoption by health systems in Louisiana of the suicide prevention plan provided for in Part III of this Chapter.
(3) Make efforts to connect persons and groups who are at higher risk for suicide with services provided under the suicide prevention plan provided for in Part III of this Chapter.
Acts 2018, No. 450, §1.
A. The Louisiana suicide prevention plan, referred to in this Section as the "state suicide prevention plan", is hereby created as an initiative of the office of behavioral health, which shall lead the development of and publish the plan. The goal and purpose of the state suicide prevention plan is to reduce the incidence of suicide in Louisiana through system-level implementation of the plan in criminal justice and health systems statewide, including mental health and behavioral health systems.
B.(1) The office of behavioral health shall collaborate with criminal justice and health systems, including mental health and behavioral health systems, primary care providers, physical and mental health clinics in educational institutions, colleges and universities, community mental health centers, advocacy groups, emergency medical services professionals, public and private insurers, hospital chaplains, and faith-based organizations to develop and implement all of the following:
(a) A plan to improve training on means by which to identify a person with trends, attributes, and indicators of suicidal thoughts and behavior across criminal justice and health systems.
(b) A plan to improve training on the provisions of the Health Insurance Portability and Accountability Act (42 U.S.C. 1320d et seq.) and regulations issued pursuant thereto and on other applicable federal and state laws and regulations concerning privacy of health information.
(c) Professional development resources and training opportunities regarding indicators of suicidal thoughts and behavior, risk assessment, treatment, and management.
(2) The office of behavioral health shall include as elements within the state suicide prevention plan the items required by Paragraph (1) of this Subsection.
C. As a demonstration of commitment to patient safety, criminal justice and health systems, including mental and behavioral health systems, primary care providers, and hospitals throughout the state are encouraged to contribute to and implement the state suicide prevention plan.
D.(1) The office of behavioral health shall publish the state suicide prevention plan on or before December 31, 2020.
(2) At the time of publication of the state suicide prevention plan, the office of behavioral health shall transmit a summary of the plan in a report to the governor and to the legislature.
Acts 2018, No. 450, §1.
The legislature intends that the following systems and organizations contribute to the development and implementation of the state suicide prevention plan:
(1) Community mental health centers.
(2) Behavioral health services providers.
(3) Hospitals.
(4) Emergency medical services professionals and responders.
(5) Regional health systems.
(6) Physical and mental health clinics in educational institutions.
(7) State and local criminal justice systems.
(8) Advocacy groups with an interest in suicide prevention.
(9) Faith-based organizations.
(10) Colleges and universities.
Acts 2018, No. 450, §1.
The department shall promulgate all rules and regulations in accordance with the Administrative Procedure Act as may be necessary to implement the provisions of this Part.
Acts 2018, No. 450, §1.
Implementation of this Chapter shall be contingent upon receipt of grant funding.
Acts 2018, No. 450, §1.
A. The Legislature of Louisiana finds that services for persons with developmental disabilities should be responsive to the needs of the individual and his family, rather than fitting the person into existing programs. The legislature further finds that it is more cost effective to provide services to adults and children with developmental disabilities living in their own homes or with their families rather than in out-of-home placements.
B. The legislature declares that the purpose of this Chapter is to establish that:
(1) Children, regardless of the severity of their disability, need families and enduring relationships with adults in a nurturing home environment. As with all children, children with developmental disabilities need families and family relationships to develop to their fullest potential. Parents of children with developmental disabilities shall be afforded freedom of choice as to placement of their child, in accordance with R.S. 28:380 et seq.
(2) Adults with developmental disabilities should be afforded the opportunity to make decisions for themselves and to live in typical homes and communities where they can exercise their full rights and responsibilities as citizens.
C. It is the intention of the legislature that the state of Louisiana adhere to the principles contained in this Chapter in program planning, development, funding, and implementation for persons with developmental disabilities and their families. It is the further intention of the legislature that the Louisiana Department of Health work to implement the Community and Family Support System plan developed by the Louisiana Developmental Disabilities Council pursuant to this Chapter.
D. It is the intention of the legislature that the state adhere to the principles contained in this Chapter for program planning and development of programs for all persons and their families needing long-term support.
Acts 1989, No. 378, §1; Acts 2001, No. 1147, §1; Acts 2009, No. 438, §7; Acts 2010, No. 939, §3, eff. July 1, 2010; Acts 2012, No. 811, §8, eff. July 1, 2012.
The following definitions shall apply:
(1) "Adult" means an individual eighteen years of age or older.
(2) "Cash subsidy" means a monetary payment to eligible families of children with developmental disabilities to offset the costs of services and equipment. The payment shall be considered a benefit and shall not be counted as income when determining eligibility or the amount of any other benefits.
(3) "Child" means an individual under the age of eighteen.
(4) "Communication services" means those necessary supports and services for a person with a disability to communicate, including but not limited to sign language classes for the individual with a disability, family members, and staff working with the individual including personal care attendants and teachers; interpreters; and braille devices.
(5) "Community supports" means those supports and services that enable an adult with developmental disabilities to live in the residence of his choice. Community supports shall include but not be limited to the following:
(a) Dental and medical care that are not otherwise covered.
(b) Respite care.
(c) Recreation.
(d) Homemaker services.
(e) Transportation.
(f) Personal assistance services.
(g) Home health services.
(h) Therapeutic and nursing services.
(i) Home and vehicle modifications.
(j) Equipment and supplies.
(k) Counseling services.
(l) Communication services.
(m) Crisis intervention.
(n) Specialized utility costs.
(o) Vocational and employment supports.
(p) Specialized diagnosis and evaluation.
(q) Specialized nutrition and clothing.
(r) Service coordination.
(6) "Companion or roommate services" means services for those individuals needing regular supervision up to twenty-four hours for daily living.
(7) "Counseling services" means professional counseling for the individual or his family including siblings; assistance with behavior management; group and individual therapy; parent to parent support.
(8) "Crisis intervention" means twenty-four hour, on-call availability of professionals to intervene and deal with crisis in the home with the intention of preventing unnecessary out-of-home placement.
(9) "Day care" means after school and holiday and summer time care for children and adolescents, specialized training for day care providers and staff, and the supports needed to access the typical day care opportunities available to the community.
(10) "Dental and medical care" means such care which is not otherwise covered through Medicaid services or private insurance.
(11) "Developmental disability" means a severe, chronic disability of a person which:
(a) Is attributable to a mental or physical impairment or combination of mental and physical impairments.
(b) Is manifested before the person attains age twenty-two.
(c) Is likely to continue indefinitely.
(d) Results in substantial functional limitations in three or more of the following areas of major life activity:
(i) Self-care.
(ii) Receptive and expressive language.
(iii) Learning.
(iv) Mobility.
(v) Self-direction.
(vi) Capacity for independent living.
(vii) Economic self-sufficiency.
(e) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.
(12) "Equipment and supplies" means mobility aids, prosthetics, sensory aids, equipment to maintain medical treatment or health, including disposable supplies and durable items, and assistive technology devices to increase, maintain, or improve functional capabilities of persons with disabilities.
(13) "Family supports" means those supports that enable a family to keep their child with developmental disabilities at home. Family supports shall include but not be limited to the following:
(a) Dental and medical care that are not otherwise covered.
(b) Respite care.
(c) Recreation.
(d) Homemaker services.
(e) Transportation.
(f) Personal assistance services.
(g) Home health services.
(h) Therapeutic and nursing services.
(i) Home and vehicle modifications.
(j) Equipment and supplies.
(k) Counseling services.
(l) Communication services.
(m) Crisis intervention.
(n) Specialized utility costs.
(o) Day care.
(p) Specialized diagnosis and evaluation.
(q) Specialized nutrition and clothing.
(r) Parent education and training.
(s) Service coordination.
(14) "Home and vehicle modifications" means enlarging hallways and doorways to accommodate wheelchairs, adapting bathrooms to accommodate wheelchairs, building ramps for access into and out of the home, and any other home modification needed to accommodate the special needs of a person with a disability. Vehicle modifications include hydraulic lifts to accommodate wheelchairs in vans and any other assistive devices that would enable a person with a disability to be transported in his own or his family's vehicle.
(15) "Home health services" means assistance with medical procedures performed in the home usually by a nurse or trained paraprofessional.
(16) "Homemaker services" means those services which provide families with assistance in household chores in order to free family members to provide care to the child with a disability. In the case of an adult with disabilities it means those in-home supports that assist the person with a disability or the family to carry out basic household chores.
(17) "Parent education and training services" means those services which provide guidance to community parenting groups to assist families of children with special needs.
(18) "Personal assistance services" means services which are required by a person with a severe disability to achieve greater physical and communicative independence. Such services include but are not limited to assistance related to the following:
(a) Routine bodily functions, such as bowel or bladder care.
(b) Dressing.
(c) Preparation and consumption of food.
(d) Housecleaning and laundry.
(e) Moving in and out of bed.
(f) Routine bathing.
(g) Ambulation.
(h) Any other similar activity of daily living.
(19) "Recreation services" means those supports that provide consultation to community recreation service providers to improve access, organize leisure time activities to the extent necessary, and educate persons who have developmental disabilities and their families in the use of community recreational resources which are available to all community members.
(20) "Respite care" means such care that is provided periodically by persons substituting for the usual care giver. Respite services may be used for a few hours or a few days, and may be provided either in or out of the recipient's home depending upon the individual or family needs. Respite care may be arranged prior to the event or provided on an emergency basis due to family crisis.
(21) "Service coordination" means a lifelong, goal-oriented process for coordination of the range of services needed and wanted by persons with developmental disabilities and their families.
(22) "Sitter services" means care for a child who needs supervision and for whom regular day care is not appropriate. It includes after school care for an adolescent, evening care when a parent has an evening job, or care when a child is ill.
(23) "Specialized diagnosis and evaluation" means diagnosis and evaluation necessary for assistive devices, therapies, behavior management plans, and any other specialized services.
(24) "Specialized nutrition and clothing" means supplemental food nutrients and specialized clothing adaptable to physical disabilities.
(25) "Specialized utility costs" means costs related to various extraordinary energy needs, such as electricity and gas, and other utilities, such as water and telephone, to enable a person with a disability to live at home.
(26) "Substitute family" means placement of a child in a family other than his natural or adoptive family.
(27) "Therapeutic services" means occupational, physical, speech and language, respiratory, vision, and other therapies to increase, maintain, or improve the functional capabilities of persons with disabilities.
Acts 1989, No. 378, §1; Acts 1991, No. 1011, §1; Acts 1993, No. 752, §1, eff. June 22, 1993.
{{NOTE: SEE ACTS 1993, NO. 752, §2.}}
The following ideals shall be the guiding principles for the development of a Community and Family Support System plan:
(1) The family of each child with developmental disabilities shall be provided the support necessary so that the child may live in a stable family environment in an enduring relationship with one or more adults regardless of the severity of the disability of the child or the degree of support necessary.
(2) Adults with developmental disabilities should receive the supports necessary to enable them to achieve their maximum potential through increased independence, productivity, and integration into the community.
(3) The family support system shall be flexible, individualized, and family centered.
(4) The needs of the entire family shall be considered in the development of the individualized family supports.
(5) The family support system recognizes that families are best able to determine their own needs, rather than having their needs determined by the state or an agency.
(6) Adults with developmental disabilities should have supports and services provided in the community to meet their needs wherever the individual chooses to live and work.
(7) The system shall have a program of outreach so that families may obtain family support at the time they learn of their child's disability, and so that people are aware of the availability of community supports when the need arises.
(8) The system shall support and strengthen existing informal social networks and natural supports in addition to professional support services.
(9) The system shall promote the use of existing community resources.
(10) Out-of-home placement of children shall be used only after parents are given the option of choosing family support services.
(11) The system shall be flexible to ensure that unanticipated needs are met and that the provision of supports and services is not limited to the location and types of existing services.
(12) A cash subsidy should be made available to eligible families for any of the purposes contained within the plan in order to enhance the family support system. The subsidy shall be considered a benefit and is intended to complement but not supplant public assistance or social service benefits based upon economic need.
Acts 1989, No. 378, §1; Acts 1993, No. 752, §1, eff. June 22, 1993; Acts 2018, No. 206, §1.
{{NOTE: SEE ACTS 1993, NO. 752, §2.}}
A. Repealed by Acts 2022, No. 252, §1.
B. Repealed by Acts 2022, No. 252, §1.
C. Repealed by Acts 2022, No. 252, §1.
D. Repealed by Acts 2022, No. 252, §1.
E. Repealed by Acts 2022, No. 252, §1.
F. Repealed by Acts 2022, No. 252, §1.
G. Repealed by Acts 2022, No. 252, §1.
H. Repealed by Acts 2022, No. 252, §1.
I. The Louisiana Department of Health may provide a system of community and family supports.
(1) The family support system shall be provided to children with developmental disabilities and their families. Counseling or educational services defined in R.S. 28:822 shall be available weekdays, weekends, and nights to accommodate varying family schedules. Such a system includes:
(a) Cash subsidy for families of children with severe developmental disabilities.
(b) System of service coordination.
(c) Family support services as defined in R.S. 28:822.
(d) A designated entry agency.
(2) The community support system shall be provided to adults with severe disabilities age eighteen and over and whose disability was manifested before age fifty-five. Such a system includes the community supports as defined in R.S. 28:822.
J. Methods to assure the quality of community and family support services include:
(1) Regional and state advisory councils.
(a) Purpose.
(i) Advise state agencies on policy issues that arise relevant to the community and family support system.
(ii) Set priorities.
(iii) Review program effectiveness and make recommendations on implementation.
(b) Council members shall be appointed by the developmental disabilities council chairperson in consultation with the secretary of the Louisiana Department of Health.
(c) Terms of office and council composition shall be defined in regulations.
(d) Remuneration.
(i) Council members will serve on a voluntary basis without payment for their services.
(ii) Council members shall be reimbursed for travel expenses in accordance with division of administration regulations.
(2) An annual external evaluation based upon consumer satisfaction and performance indicators.
(3) Persons applying for or receiving services shall have access to an appeals process which shall be defined in regulations.
K. Purchases of equipment for clients of the Louisiana Department of Health who are eligible for services under the system of community and family supports shall be exempt from state purchasing requirements and state property control regulations.
L. The Louisiana Department of Health shall promulgate rules and regulations for the community and family support system.
Acts 1989, No. 378, §1; Acts 1991, No. 1011, §1; Acts 2006, No. 163, §1; Acts 2010, No. 939, §3, eff. July 1, 2010; Acts 2012, No. 811, §8, eff. July 1, 2012; Acts 2022, No. 252, §1.
Personal care attendants, home- and community-based service provider workers, as defined in R.S. 40:2120.2, and respite care workers providing in-home services to persons with developmental disabilities pursuant to a Medicaid waiver may administer medication to patients as provided in R.S. 37:1024 after successful completion of the drug administration course offered by the Louisiana Department of Health in accordance with R.S. 37:1021 et seq.
Acts 1995, No. 668, §2; Acts 2008, No. 839, §2, eff. July 8, 2008.
A. There is hereby created, as a special fund in the state treasury, the Disability Services Fund, hereafter sometimes referred to as "the fund."
B.(1) Notwithstanding any other provision of law to the contrary, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and after a sufficient amount is allocated from that fund to pay all of the obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall deposit into the fund an amount equal to the amount collected by the state attributable to the sale or lease of all or part of any movable and immovable property previously operated by the office for citizens with developmental disabilities within the Louisiana Department of Health, the proceeds of the fee assessed pursuant to the provisions of R.S. 40:1046(H)(8)(a), and the proceeds of the taxes levied pursuant to R.S. 47:9105(A) and (B).
(2)(a) The state treasurer shall establish separate accounts within the fund.
(b) The state treasurer shall deposit monies attributable to the collections by the state for the sale or lease of all or part of any movable and immovable property previously operated by the office for citizens with developmental disabilities within the Louisiana Department of Health into a separate account within the fund.
(c) The state treasurer shall deposit one-half of the monies attributable to the proceeds of the fee assessed pursuant to the provisions of R.S. 40:1046(H)(8)(a) into a separate account within the fund.
(d) The state treasurer shall deposit one-half of the monies attributable to the proceeds of the fee assessed pursuant to the provisions of R.S. 40:1046(H)(8)(a) and the proceeds of the taxes levied pursuant to R.S. 47:9105(A) and (B) into a separate account within the fund.
(3) Monies appropriated from the fund shall be used solely as provided by Subsections C and D of this Section and only in the amounts appropriated by the legislature. All unexpended and unencumbered monies remaining in the separate accounts of the fund at the end of the fiscal year shall remain in the separate accounts of the fund. The monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to the fund following compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund and allocated to each separate account on a pro rata basis.
C.(1) The legislature shall appropriate monies from the separate accounts of the fund as follows:
(a) The account containing the monies attributable to the collections by the state for the sale or lease of all or part of any movable and immovable property previously operated by the office for citizens with developmental disabilities within the Louisiana Department of Health shall be used solely to improve the capacity of the state to meet the varying and complex needs of individuals with developmental disabilities, with emphasis on increasing the number of recipients of waiver services.
(b) The account containing the monies attributable to one-half of the proceeds of the fee assessed pursuant to the provisions of R.S. 40:1046(H)(8)(a) shall be used solely to provide funding for the Early Steps intervention program for infants and toddlers with disabilities and their families as established in R.S. 28:461 et seq.
(c) The account containing the monies attributable to one-half of the proceeds of the fee assessed pursuant to the provisions of R.S. 40:1046(H)(8)(a) and the proceeds of the taxes levied pursuant to R.S. 47:9105(A) and (B) shall be used solely to support and enhance developmental disabilities services within the Medicaid program or the office for citizens with developmental disabilities, or its successor.
(2) The monies in the fund shall not be used to displace, replace, or supplant appropriations from the state general fund for the state and Medicaid community-based developmental services below the amount of state general fund appropriations for the 2006-2007 Fiscal Year.
D. For the purposes of this Section "waiver services" means Medicaid services provided under the New Opportunities Waiver, the Children's Choice Waiver, or any other Medicaid home and community-based waiver for persons with developmental disabilities as promulgated by rule by the Louisiana Department of Health.
Acts 2006, No. 555, §1; Acts 2019, No. 331, §1, eff. July 1, 2019; Acts 2022, No. 242, §1.
A. Any active duty member of the armed forces who has been temporarily assigned to work outside of Louisiana and any member of his immediate family who has qualified for and has received Louisiana Medicaid waiver services provided under the New Opportunities Waiver, the Children's Choice Waiver, or any other Medicaid home- and community-based waiver serving persons with developmental disabilities, shall be eligible to receive the next available slot for waiver services upon the member's resumed residence in Louisiana.
B. For the purposes of this Section, the definition of "immediate family" includes spouse, child, or other person for whom the member of the armed services has guardianship.
C. The provisions of this Section shall be subject to approval by the Centers for Medicare and Medicaid Services.
D. The Louisiana Department of Health may adopt rules and regulations in accordance with the Administrative Procedure Act as the department deems necessary to administer and implement the provisions of this Section.
Acts 2010, No. 286, §1.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
A. The office of behavioral health of the Louisiana Department of Health shall establish a program to provide information and referral services related to gambling disorders. The program may include treatment services and shall include provision of a twenty-four hour, toll-free telephone service, operated by persons with knowledge of programs and services available to assist persons suffering from gambling disorders.
B. The office shall make information regarding the program and services available to the public and shall provide, by rule, for the design of an informational sign containing the toll-free telephone number for use in various places where gambling or gaming activities are conducted in the state, horse racing tracks, and charitable bingo parlors. The office shall provide such signs to the Louisiana Lottery Corporation, which shall require their posting at lottery retail outlets, pursuant to R.S. 47:9021.
Acts 1993, No. 200, §2; Acts 1995, No. 1014, §§2, 4; Acts 1995, No. 1215, §§2, 5, eff. July 1, 1995; Acts 1997, No. 172, §1, eff. June 13, 1997; Acts 1999, No. 339, §4; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2017, No. 369, §2.
NOTE: See Acts 1995, No. 1014, §5.
A. There is hereby created, as a special fund in the state treasury, the Compulsive and Problem Gaming Fund.
B. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, an amount equal to the monies received by the state treasury pursuant to the provisions of R.S. 27:92(B)(2)(a), 270(A)(2), and 312(B)(2)(a), and R.S. 47:9029(B)(2) shall be deposited into the Compulsive and Problem Gaming Fund. All unexpended and unencumbered monies in the fund at the end of any fiscal year shall remain in the fund for use in subsequent fiscal years. Monies in the fund shall be invested by the state treasurer in the manner as monies in the state general fund and interest earned on the investment of such monies shall be credited to the fund after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana. Monies in the fund shall only be withdrawn pursuant to an appropriation by the legislature solely to implement the provisions of this Chapter.
C. All monies received by the state treasury pursuant to the provisions of R.S. 27:92(B), 270(A)(3), 312(B), and 319(A) shall be deposited into the Compulsive and Problem Gaming Fund. The monies in the Compulsive and Problem Gaming Fund shall be appropriated by the legislature solely to implement the provisions of this Chapter.
Acts 1995, No. 1014, §2; Acts 1995, No. 1215, §2, eff. July 1, 1995.
A. There is hereby created in the state treasury a special fund to be known as the Behavioral Health and Wellness Fund, hereafter referred to in this Section as the "fund".
B. Any appropriations, public or private grants, gifts, or donations received by the state or by the Louisiana Department of Health or its office of behavioral health or human services districts for the purposes of this Chapter, except for monies deposited into the Compulsive and Problem Gaming Fund pursuant to the provisions of this Chapter, shall be credited to the fund. Monies in the fund shall be utilized to support and invest in intensive and comprehensive treatment facilities for individuals with compulsive and problem gambling addictions.
C. Monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund. Interest earned on the investments of monies in the fund shall be deposited in and credited to the fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
D. Monies in the fund shall only be withdrawn pursuant to an appropriation by the legislature solely to implement the provisions of this Chapter.
Acts 2021, No. 435, §3, eff. June 21, 2021.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
A. The legislature finds and declares that state-funded behavioral healthcare and care for persons with intellectual disabilities and developmental disabilities are better directed at a local level to ensure local accountability, responsiveness to the unique needs of the community, and the establishment of local partnerships and relationships with other local agencies that serve individuals in the community.
B. The legislature also finds and declares that the statutory creation of the ten statewide human services districts and authorities was intended to serve this purpose and each has done so since initial inception and completion of the readiness assessment enacted by the legislature.
C. The legislature further finds and declares that it is now time to move past the readiness assessment phase of operation of the statewide human services districts and authorities through a modernization and consolidation of the law established in this Part.
D. The legislature therefore declares that this Part establishes the evolution of the statewide human services districts and authorities to create a more robust opportunity for them to excel at their mission of being the community director for behavioral health services and services for individuals with intellectual disabilities and developmental disabilities.
Acts 2017, No. 73, §1, eff. June 7, 2017.
As used in this Chapter and unless the context clearly requires otherwise:
(1) "Behavioral health services" means community-based mental health and substance-related and addictive disorders services.
(2) "Board" means the governing body of the district or authority.
(3) "Case records" means medical and treatment records, records and investigations of abuse or neglect of adults, records of public health services including children's special health services, nutrition, and immunization, and other medical, disability, or behavioral health service records related to services provided by the district or authority or the department.
(4) "Department" means the Louisiana Department of Health.
(5) "Human services accountability plan", referred to in this Chapter as "accountability plan", means the statewide human services plan developed by the department in consultation with the Human Services Interagency Council which sets forth the criteria, process, timelines, guidelines for service delivery, clinical protocols, evidence-based practices, quality management and monitoring, data collection and reporting, performance outcome measures, and information management to be followed by the department and the districts.
(6) "Human services district or authority" and "district or authority" mean a local governing entity, as identified in R.S. 28:912(A), with local accountability and management of behavioral health, intellectual disability, and developmental disability services as well as any public health or other services contracted to the district or authority by the department.
(7) "Human services framework", referred to in this Chapter as "framework", means the requirements specified in the contract between the department and the district that set forth the organizational structure, eligible and priority populations, core and targeted services, and standards for intake and access to institutional and community services, which require adherence to the human services accountability plan for a district. The framework is developed, implemented, and monitored through an ongoing statewide process performed by the department in consultation with the Human Services Interagency Council.
(8) "Secretary" means the secretary of the Louisiana Department of Health.
Acts 2008, No. 373, §2, eff. June 21, 2008; Acts 2017, No. 73, §1, eff. June 7, 2017; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1.
A. The human services districts and authorities shall be:
(1) Capital Area Human Services District, which shall comprise the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Pointe Coupee, West Baton Rouge, and West Feliciana.
(2)(a) Jefferson Parish Human Services Authority, which shall comprise the parish of Jefferson.
(b) The governing authority of Jefferson Parish shall continue to provide funds and in-kind contributions for the Jefferson Parish Human Services Authority on at least the level of funding and in-kind contributions in effect during the 1990 fiscal year.
(c) The Jefferson Parish Council shall have the authority to levy taxes and issue bonds or other obligations for the provision of services at the Jefferson Parish Human Services Authority.
(3) Florida Parishes Human Services Authority, which shall comprise the parishes of Livingston, St. Helena, St. Tammany, Tangipahoa, and Washington.
(4) Metropolitan Human Services District, which shall comprise the parishes of Orleans, St. Bernard, and Plaquemines.
(5) South Central Louisiana Human Services Authority, which shall comprise the parishes of Assumption, Lafourche, St. Charles, St. James, St. John the Baptist, St. Mary, and Terrebonne.
(6) Northeast Delta Human Services Authority, which shall comprise the parishes of Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, Union, and West Carroll.
(7) Acadiana Area Human Services District, which shall comprise the parishes of Acadia, Evangeline, Iberia, Lafayette, St. Landry, St. Martin, and Vermilion.
(8) Imperial Calcasieu Human Services Authority, which shall comprise the parishes of Allen, Beauregard, Calcasieu, Cameron, and Jefferson Davis.
(9) Central Louisiana Human Services District, which shall comprise the parishes of Avoyelles, Catahoula, Concordia, Grant, LaSalle, Rapides, Vernon, and Winn.
(10) Northwest Louisiana Human Services District, which shall comprise the parishes of Bienville, Bossier, Caddo, Claiborne, DeSoto, Natchitoches, Sabine, Red River, and Webster.
B. The domicile of each human services district or authority shall be within the statutory governance area of the district or authority.
C. No new human services district or authority may be established without the express authorization of the legislature.
Acts 2008, No. 373, §2, eff. June 21, 2008; Acts 2012, No. 231, §1, eff. May 22, 2012; Acts 2013, No. 220, §10, eff. June 11, 2013; Acts 2017, No. 73, §1, eff. June 7, 2017.
A. The Acadiana Area Human Services District shall be governed by a board of ten members who are residents of the seven parishes within the statutory governance area of the district. Seven members shall consist of one representative from each parish within the statutory governance area of the district who is appointed by the local governmental authority of the parish and three members shall be appointed by the governor as follows:
(1) One member with professional expertise in the field of mental health.
(2) One member with professional expertise in the field of substance-related and addictive disorders.
(3) One member with professional expertise in the field of developmental disabilities.
(4) One member with professional expertise in finance, accounting, business enterprise, or auditing.
(5) One member who represents the judiciary, with particular emphasis on specialty courts.
(6) Two members who represent law enforcement, school-based healthcare, public health, or the coroner's office based on the needs of the respective appointing parishes.
(7) One member who is a parent, consumer, or advocate in the field of mental health appointed by the governor.
(8) One member who is a parent, consumer, or advocate in the field of substance-related and addictive disorders appointed by the governor.
(9) One member who is a parent, consumer, or advocate in the field of developmental disabilities appointed by the governor.
B. The Imperial Calcasieu Human Services Authority shall be governed by a board of eight members who are residents of the five parishes within the statutory governance area of the authority. Five members shall consist of one representative from each parish within the statutory governance area of the authority who is appointed by the local governmental authority of the parish and three members shall be appointed by the governor as follows:
(1) One member with professional expertise in the field of mental health.
(2) One member with professional expertise in the field of substance-related and addictive disorders.
(3) One member with professional expertise in the field of developmental disabilities.
(4) One member with professional expertise in finance, accounting, business enterprise, or auditing.
(5) One member who represents either the judiciary, with particular emphasis on specialty courts; or law enforcement, school-based healthcare, public health, or the coroner's office based on the needs of the parishes.
(6) One member who is a parent, consumer, or advocate in the field of mental health appointed by the governor.
(7) One member who is a parent, consumer, or advocate in the field of substance-related and addictive disorders appointed by the governor.
(8) One member who is a parent, consumer, or advocate in the field of developmental disabilities appointed by the governor.
C. The Central Louisiana Human Services District shall be governed by a board of eleven members who are residents of the eight parishes within the statutory governance area of the district. Eight members shall consist of one representative from each parish within the statutory governance area of the district who is appointed by the local governmental authority of the parish and three members shall be appointed by the governor as follows:
(1) One member with professional expertise in the field of mental health.
(2) One member with professional expertise in the field of substance-related and addictive disorders.
(3) One member with professional expertise in the field of developmental disabilities.
(4) One member with professional expertise in finance, accounting, business enterprise, or auditing.
(5) One member who represents the judiciary, with particular emphasis on specialty courts.
(6) Three members who represent law enforcement, school-based healthcare, public health, or the coroner's office based on the needs of the respective appointing parishes.
(7) One member who is a parent, consumer, or advocate in the field of mental health appointed by the governor.
(8) One member who is a parent, consumer, or advocate in the field of substance-related and addictive disorders appointed by the governor.
(9) One member who is a parent, consumer, or advocate in the field of developmental disabilities appointed by the governor.
D. The Northwest Louisiana Human Services District shall be governed by a board of twelve members who are residents of the nine parishes within the statutory governance area of the district. Nine members shall consist of one representative from each parish within the statutory governance area of the district who is appointed by the local governmental authority of the parish and three members shall be appointed by the governor as follows:
(1) Two members with professional expertise in the field of mental health.
(2) Two members with professional expertise in the field of substance-related and addictive disorders.
(3) Two members with professional expertise in the field of developmental disabilities.
(4) One member with professional expertise in finance, accounting, business enterprise, or auditing.
(5) One member who represents the judiciary, with particular emphasis on specialty courts.
(6) One member who represents law enforcement, school-based healthcare, public health, or the coroner's office based on the needs of the parishes.
(7) One member who is a parent, consumer, or advocate in the field of mental health appointed by the governor.
(8) One member who is a parent, consumer, or advocate in the field of substance-related and addictive disorders appointed by the governor.
(9) One member who is a parent, consumer, or advocate in the field of developmental disabilities appointed by the governor.
E. Appointees shall serve terms of three years. No board member shall serve more than three consecutive three-year terms.
F. Effective January 1, 2018, all boards established pursuant to this Section shall comply with the enumerated requirements of expertise in this Section. Any board member serving on the board prior to January 1, 2018, who satisfies at least one of the enumerated criteria shall be considered to have satisfied the requirement to serve and shall remain on the board for the duration of his unexpired term. Any board member who does not satisfy one of the enumerated criteria shall be replaced by January 1, 2018, and the newly appointed member shall begin a new three-year term. It shall be the responsibility of the executive director of each district or authority provided for in this Section to ensure that the board of the district or authority satisfies the enumerated criteria herein. The executive director shall work with the local parish governmental authorities in the district's or authority's statutory governance area and with the governor to ensure compliance with the board requirements of this Section.
Acts 2008, No. 373, §2, eff. June 21, 2008; Acts 2017, No. 73, §1, eff. June 7, 2017; Acts 2017, No. 369, §2.
A. The Jefferson Parish Human Services Authority shall be governed by a board of twelve members who are residents of Jefferson Parish. Nine members shall be appointed by the Jefferson Parish Council and three members shall be appointed by the governor as follows:
(1) Two members with professional expertise in the field of mental health.
(2) Two members with professional expertise in the field of addictive disorders.
(3) Two members with professional expertise in the field of developmental disabilities.
(4) One member with professional expertise in finance, accounting, business enterprise, or auditing.
(5) One member who represents the judiciary, with particular emphasis on specialty courts.
(6) One member who represents law enforcement, school-based healthcare, public health, or the coroner's office based on the needs of the parish.
(7) One member who is a parent, consumer, or advocate in the field of mental health appointed by the governor.
(8) One member who is a parent, consumer, or advocate in the field of addictive disorders appointed by the governor.
(9) One member who is a parent, consumer, or advocate in the field of developmental disabilities appointed by the governor.
B. Each member shall serve for a three-year term. No board member shall serve more than two consecutive three-year terms.
C. Effective January 1, 2018, the board shall comply with the enumerated requirements of expertise in this Section. Any board member serving on the board prior to January 1, 2018, who satisfies at least one of the enumerated criteria shall be considered to have satisfied the requirement to serve and shall remain on the board for the duration of his unexpired term. Any board member who does not satisfy one of the enumerated criteria shall be replaced by January 1, 2018, and the newly appointed member shall begin a new three-year term. It shall be the responsibility of the executive director to ensure that the board satisfies the enumerated criteria herein. The executive director shall work with the Jefferson Parish Council and the governor to ensure compliance with the board requirements of this Section.
D. Repealed by Acts 2022, No. 375, §1, eff. June 10, 2022.
Acts 2017, No. 73, §1, eff. June 7, 2017; Acts 2022, No. 375, §1, eff. June 10, 2022.
A. The Florida Parishes Human Services Authority shall be governed by a board of nine members. The board shall include three residents from the parish of St. Tammany; two residents each from the parishes of Livingston and Tangipahoa; and one resident each from the parishes of St. Helena and Washington.
B. The members shall be appointed by the governing authority of each parish. All appointments shall require ratification by a plurality of the legislative delegation representing the five parishes which are included in the authority.
C. The Florida Parishes Human Services Authority board shall be comprised of the following nine members:
(1) One member with professional expertise in the field of mental health.
(2) One member with professional expertise in the field of addictive disorders.
(3) One member with professional expertise in the field of developmental disabilities.
(4) One member with professional expertise in finance, accounting, business enterprise, or auditing.
(5) One member who represents the judiciary, with particular emphasis on specialty courts.
(6) One member who represents law enforcement, school-based healthcare, public health, or the coroner's office based on the needs of the parish.
(7) One member who is a parent, consumer, or advocate in the field of mental health.
(8) One member who is a parent, consumer, or advocate in the field of addictive disorders.
(9) One member who is a parent, consumer, or advocate in the field of developmental disabilities.
D. Each member shall serve for a three-year term. No board member shall serve more than three consecutive three-year terms.
E. Effective January 1, 2018, the board shall comply with the enumerated requirements of expertise in this Section. Any board member serving on the board prior to January 1, 2018, who satisfies at least one of the enumerated criteria shall be considered to have satisfied the requirement to serve and shall remain on the board for the duration of his unexpired term. Any board member who does not satisfy one of the enumerated criteria shall be replaced by January 1, 2018, and the newly appointed member shall begin a new three-year term. It shall be the responsibility of the executive director to ensure that the board satisfies the enumerated criteria herein. The executive director shall work with the local parish governmental authorities in the authority's statutory governance area and with the governor to ensure compliance with the board requirements of this Section.
Acts 2017, No. 73, §1, eff. June 2, 2017.
A. The Metropolitan Human Services District shall be governed by a board of thirteen members. The board shall include nine residents from the parish of Orleans and two residents each from the parishes of St. Bernard and Plaquemines who shall be appointed by the chief executive officer of each parish subject to approval of the governing authority of each parish. The board shall be comprised of the following thirteen members:
(1) Two members with professional expertise in the field of mental health.
(2) Two members with professional expertise in the field of addictive disorders.
(3) Two members with professional expertise in the field of developmental disabilities.
(4) One member with professional expertise in finance, accounting, business enterprise, or auditing.
(5) One member who represents the judiciary, with particular emphasis on specialty courts.
(6) Two members who represent law enforcement, school-based healthcare, public health, or the coroner's office based on the needs of the respective appointing parishes.
(7) One member who is a parent, consumer, or advocate in the field of mental health.
(8) One member who is a parent, consumer, or advocate in the field of addictive disorders.
(9) One member who is a parent, consumer, or advocate in the field of developmental disabilities.
B. Each member shall serve for a three-year term. No board member shall serve more than three consecutive three-year terms.
C. Effective January 1, 2018, the board shall comply with the enumerated requirements of expertise in this Section. Any board member serving on the board prior to January 1, 2018, who satisfies at least one of the enumerated criteria shall be considered to have satisfied the requirement to serve and shall remain on the board for the duration of his unexpired term. Any board member who does not satisfy one of the enumerated criteria shall be replaced by January 1, 2018, and the newly appointed member shall begin a new three-year term. It shall be the responsibility of the executive director to ensure that the board satisfies the enumerated criteria herein. The executive director shall work with the local parish governmental authorities in the district's statutory governance area to ensure compliance with the board requirements of this Section.
Acts 2017, No. 73, §1, eff. June 7, 2017.
A. The South Central Louisiana Human Services Authority shall be governed by a board of nine members. The board shall include two residents from the parishes of Lafourche and Terrebonne and one resident each from the parishes of Assumption, St. Charles, St. James, St. John the Baptist, and St. Mary who shall be appointed by their respective police jury and ratified by a plurality of the legislative delegation representing the seven parishes which are included in the statutory governance area of the authority. The board shall be comprised of the following nine members:
(1) One member with professional expertise in the field of mental health.
(2) One member with professional expertise in the field of addictive disorders.
(3) One member with professional expertise in the field of developmental disabilities.
(4) One member with professional expertise in finance, accounting, business enterprise, or auditing.
(5) One member who represents the judiciary, with particular emphasis on specialty courts.
(6) One member who represents law enforcement, school-based healthcare, public health, or the coroner's office based on the needs of the parish.
(7) One member who is a parent, consumer, or advocate in the field of mental health appointed by the governor.
(8) One member who is a parent, consumer, or advocate in the field of addictive disorders appointed by the governor.
(9) One member who is a parent, consumer, or advocate in the field of developmental disabilities appointed by the governor.
B. Each member shall serve for a three-year term. No board member shall serve more than three consecutive three-year terms.
C. Effective January 1, 2018, the board shall comply with the enumerated requirements of expertise in this Section. Any board member serving on the board prior to January 1, 2018, who satisfies at least one of the enumerated criteria shall be considered to have satisfied the requirement to serve and shall remain on the board for the duration of his unexpired term. Any board member who does not satisfy one of the enumerated criteria shall be replaced by January 1, 2018, and the newly appointed member shall begin a new three-year term. It shall be the responsibility of the executive director to ensure that the board satisfies the enumerated criteria herein. The executive director shall work with the local parish governmental authorities in the authority's statutory governance area to ensure compliance with the board requirements of this Section.
Acts 2017, No. 73, §1, eff. June 7, 2017.
A. The Northeast Delta Human Services Authority shall be governed by a board of seventeen members. The board shall include four residents from the parish of Ouachita; two residents each from the parishes of Morehouse and Lincoln; and one resident each from the parishes of Caldwell, East Carroll, Franklin, Jackson, Madison, Richland, Tensas, Union, and West Carroll.
B. The members shall be appointed by the governing authority of each parish, with the exception of Ouachita Parish, in which they shall be appointed by the Ouachita Council of Government. All appointments shall require ratification by a plurality of the legislative delegation representing the twelve parishes which are included in the authority.
C. The seventeen-member board shall be comprised as follows:
(1) Two members with professional expertise in the field of mental health.
(2) Two members with professional expertise in the field of addictive disorders.
(3) Two members with professional expertise in the field of developmental disabilities.
(4) One member with professional expertise in finance, accounting, business enterprise, or auditing.
(5) One member who represents the judiciary, with particular emphasis on specialty courts.
(6) Three members who represent law enforcement, school-based healthcare, public health, or the coroner's office based on the needs of the respective appointing parishes.
(7) Two members who are parents, consumers, or advocates in the field of mental health.
(8) Two members who are parents, consumers, or advocates in the field of addictive disorders.
(9) Two members who are parents, consumers, or advocates in the field of developmental disabilities.
D. Each member shall serve for a three-year term. No board member shall serve more than three consecutive three-year terms.
E. Effective January 1, 2018, the board shall comply with the enumerated requirements of expertise in this Section. Any board member serving on the board prior to January 1, 2018, who satisfies at least one of the enumerated criteria shall be considered to have satisfied the requirement to serve and shall remain on the board for the duration of his unexpired term. Any board member who does not satisfy one of the enumerated criteria shall be replaced by January 1, 2018, and the newly appointed member shall begin a new three-year term. It shall be the responsibility of the executive director to ensure that the board satisfies the enumerated criteria herein. The executive director shall work with the local parish governmental authorities in the authority's statutory governance area to ensure compliance with the board requirements of this Section.
Acts 2017, No. 73, §1, eff. June 7, 2017.
A. The Capital Area Human Services District shall be governed by a board of seventeen members. The board shall include two residents of each of the following parishes: Ascension, East Feliciana, Iberville, Pointe Coupee, West Baton Rouge, and West Feliciana. Five of the members shall be residents of East Baton Rouge Parish. The members shall be appointed by the governor from among a list of qualified candidates nominated by the governing authority of each parish. The candidates from Ascension Parish shall be nominated by the parish president. The seventeen-member board shall be comprised as follows:
(1) Two members with professional expertise in the field of mental health.
(2) Two members with professional expertise in the field of addictive disorders.
(3) Two members with professional expertise in the field of developmental disabilities.
(4) One member with professional expertise in finance, accounting, business enterprise, or auditing.
(5) One member with professional expertise in the field of public health.
(6) One member who represents the judiciary, with particular emphasis on specialty courts.
(7) Two members who represent law enforcement, school-based healthcare, public health, or the coroner's office based on the needs of the respective appointing parishes.
(8) Two members who are parents, consumers, or advocates in the field of mental health.
(9) Two members who are parents, consumers, or advocates in the field of addictive disorders.
(10) Two members who are parents, consumers, or advocates in the field of developmental disabilities.
B. Each appointment by the governor shall be submitted to the Senate for confirmation.
C. Each member shall serve for a three-year term. No board member shall serve more than three consecutive three-year terms.
D. Effective January 1, 2018, the board shall comply with the enumerated requirements of expertise in this Section. Any board member serving on the board prior to January 1, 2018, who satisfies at least one of the enumerated criteria shall be considered to have satisfied the requirement to serve and shall remain on the board for the duration of his unexpired term. Any board member who does not satisfy one of the enumerated criteria shall be replaced by January 1, 2018, and the newly appointed member shall begin a new three-year term. It shall be the responsibility of the executive director to ensure that the board satisfies the enumerated criteria herein. The executive director shall work with the local parish governmental authorities in the district's statutory governance area to ensure compliance with the board requirements of this Section.
Acts 2017, No. 73, §1, eff. June 7, 2017.
The following provisions shall apply to all district and authority governing boards:
(1) Each board member shall serve without compensation, but shall be reimbursed for expenses and mileage at the same rate set by the division of administration for state employees for each day in actual attendance at board meetings or for representing the board in an official board-approved activity.
(2) The chairman shall be selected by a majority vote of the board. The term of the chairman shall be established under the board's bylaws.
(3) No member of the board or of his immediate family shall own or have any interest or part in any public or private organization, business, company, or entity conducting business of any kind with the district or authority.
(4) The board shall adopt and maintain bylaws to provide for the governance of the board. Such bylaws shall include but not be limited to:
(a) Procedures for the election of board officers, including terms of office and methods and grounds for removal.
(b) Procedures and grounds for the removal of any board member. Grounds for removal shall include conviction of a felony or may include failure to meet board attendance as provided in the bylaws.
(5) Procedures for filling a vacancy created by the removal, resignation, or death of any board member prior to the end of the board member's term shall follow those used for initial appointments.
(6) All members of the board and employees of the district or authority shall be subject to the Code of Governmental Ethics.
Acts 2017, No. 73, §1, eff. June 7, 2017.
A. The board shall be briefed by the executive director on the following issues in the manner deemed appropriate by the executive director:
(1) Mission and purpose of the district or authority.
(2) How the mission and purpose are practically applied in the community.
(3) Relationships in the community that are crucial to the district or authority's success.
(4) How those relationships are established, maintained, and built upon.
(5) How each member of the board serves as a delegate to foster those crucial community relationships.
(6) Role of the district or authority in times of disaster.
(7) Funding for the district or authority, including state and federal funding, grant opportunities, and other funding sources.
(8) Billing and collections processes.
(9) Budgeting and account balances.
(10) Audits by the legislative auditor within the past five years.
(11) Employees and contractors, and their roles in operating the district or authority.
(12) The option of the board to select a new executive director.
(13) The contractual relationship with the Louisiana Department of Health.
(14) Compliance with the Code of Governmental Ethics.
(15) Compliance with the Public Records Law.
(16) Compliance with the Open Meetings Law.
(17) Process for development and ratification of bylaws.
(18) Discussion of how regularly scheduled board meetings will be conducted.
(19) The district or authority's responsibility to prioritize and provide for state-funded services, as established in R.S. 28:821 et seq., in order to meet the needs of the individuals in their statutory governance area. Each fiscal year, every district and authority shall allocate a minimum of an amount equal to nine percent of its state general fund appropriation for the provision of services established in R.S. 28:821 et seq. for persons with developmental disabilities and their families. The state general fund appropriation for which the minimum nine percent is calculated may be adjusted to align with any budget reductions mandated by the division of administration.
(20) Any other matter deemed important by the executive director.
B. The executive director may include representatives from the Louisiana Department of Health, office of the Louisiana legislative auditor, Louisiana Ethics Administration, office of the Louisiana attorney general, or any other entity that can provide important information to the board members during any board meeting.
C. A new board member orientation shall be held upon appointment of any new member and the executive director shall brief the new board member on the issues set forth in Subsection A of this Section.
D. All district and authority boards shall adopt:
(1) A mission, vision, and policy for the operation of the district or authority. The board shall set policy as a body and shall employ an executive director who shall be accountable to the board, as a body, for the implementation of the policies established by the board.
(2) Bylaws that specify that the board may act only as a body and not through the individual actions of any individual board member, unless the board member is given explicit authority by a majority vote of the board to carry out a specific function, or the function is reasonably required of a board member serving as an officer of the board. Under penalty of removal, no board member shall, directly or indirectly, provide direction to or interfere with any employee of the district or authority.
E.(1) Each district and authority board shall complete all of the following:
(a) Adopt consistent performance indicators to standardize reporting outcomes.
(b) Conduct an assessment evaluating insurance and Medicaid billing to ensure optimum billing practices to support self-generated revenue. Each board shall report its findings to the department and make its findings publicly available online.
(c) Focus on primary care integration. Each board shall complete the Integration Practice Assessment Tool (IPAT), report its findings to the department, and make its findings publicly available online.
(d) Conduct annual patient satisfaction surveys, report its findings to the department, and make its findings publicly available online.
(e) Standardize processes and expand strategies to maximize financial viability to reduce reliance on state funding.
(f) Prepare an annual report summarizing a board's progress toward achieving statewide health goals as determined by the department.
(g) Hold an annual meeting to inform and educate elected officials on the work that the board is completing in its jurisdiction. Each board shall present at an annual meeting held in Baton Rouge. Each board shall prepare a presentation that includes, at a minimum, the information required by this Paragraph.
(2) The report required by Subparagraph (1)(f) of this Subsection shall include but not be limited to all of the following:
(a) An overview of programs and initiatives undertaken in the preceding year.
(b) Metrics indicating performance and outcomes relative to the statewide health goals including patient surveys.
(c) Identified challenges and barriers to progress.
(d) Plans for improvement or adjustment in the upcoming year.
(3) The department shall compile the reports required by Paragraph (2) of this Subsection and prepare a statewide summary for submission to the House Committee on Health and Welfare and the Senate Committee on Health and Welfare by February first of each year.
Acts 2008, No. 373, §2, eff. June 21, 2008; Acts 2017, No. 73, §1, eff. June 7, 2017; Acts 2025, No. 381, §1.
A. Pursuant to a contract with the department, all human services districts and authorities shall:
(1) Perform the functions which provide community-based services and continuity of care for the prevention, detection, treatment, rehabilitation, and follow-up care of mental and emotional illness.
(2) Be responsible for community-based programs and functions relating to the care, diagnosis, training, treatment, case management, and education of persons with intellectual disabilities, persons with developmental disabilities, and persons with autism.
(3) Perform community-based functions for the care, diagnosis, training, treatment, and education related to substance-related and addictive disorders, including but not limited to alcohol, drug abuse, or gambling.
(4) Perform community-based functions which provide services and continuity of care for education, prevention, detection, treatment, rehabilitation, and follow-up care relating to personal health, as determined to be feasible by the department.
(5) Maintain services specified in Paragraphs (1) through (4) of this Subsection as stipulated by the contract with the department.
(6) Collect or cause to be collected all monies due the district or authority for the provision of services pursuant to statutory requirements and any other form of contract or agreement by which the district or authority provides services and levies charges.
(7) Manage through their governing board the services required by Paragraphs (1) through (4) of this Subsection and operate within the scope of a contract with the department. Each district or authority shall be operated in a manner that meets standards and competencies regarding financial controls, clinical protocols, human resources, legal resources, purchasing, contracting, and outcomes measurement.
(8) Participate, as a critical part of Louisiana's healthcare infrastructure, in all emergency planning, preparedness, response, and recovery efforts within the statutory governance area of the human services district or authority and assist on a statewide basis if requested to do so by the secretary or his designee.
(9) Provide state-funded services, as established in R.S. 28:821 et seq., to meet the needs of the individuals in their statutory governance area. Each fiscal year, every district and authority shall allocate a minimum of an amount equal to nine percent of its state general fund appropriation for the provision of services established in R.S. 28:821, et seq. for persons with developmental disabilities and their families. The state general fund appropriation for which the minimum nine percent is calculated may be adjusted to align with any budget reductions mandated by the division of administration.
B. In addition to the functions as provided in Subsection A of this Section, the district or authority shall have the following powers and duties:
(1) To enter into contracts of every nature in compliance with this Chapter and other state laws.
(2) To enter into contracts with the judicial branch to be a provider of behavioral health services ordered by the court through any statutorily authorized specialty court program which requires certain behavioral health treatments. Such sole-source contracts shall be limited to a district court physically located within the statutory governance area of the human services district or authority.
(3) To enter into contracts with a correctional facility to be a provider of behavioral health services if the correctional facility is in need of such services as part of an emergency department diversion program, or upon successful completion of a re-entry program that requires ongoing services. Such sole-source contracts shall be limited to a correctional facility, emergency department, or residence of an individual completing the re-entry process located within the statutory governance area of the human services district or authority.
(4) To acquire movable and immovable property by lease, purchase, donation, or otherwise and to obtain title to same in its own name. The district or authority may lawfully sell or dispose of the property.
(5) To have possession and operating control, but not title to, all immovable and movable property owned by the state and dedicated to the provision of behavioral health services, developmental disabilities or intellectual disabilities services, public health services, or any other service contracted by the department to the district or authority. The state shall continue to be responsible for the maintenance of those properties which are provided by the state on the effective date of this Chapter.
(6) To establish community-based behavioral health, developmental disabilities or intellectual disabilities, public health, and other contracted program policies in conformance with the contract with the department and applicable state and federal laws, rules, and regulations.
(7) To establish performance indicators and reporting requirements as outlined in the contract between the district or authority and the department to determine the quality of services delivered by the district or authority and maintain the services at the level of the standards set by the department.
(8) To employ an executive director to oversee the operations of the district or authority and who shall be responsible for the administration and management of all aspects of the district or authority.
(9) To retain all self-generated funds and any funds collected for the provision of services in excess of funds provided through contract with the department.
(10) To carry out responsibilities relative to developmental disabilities and intellectual disabilities services delivery provided in R.S. 28:451.3.
C. Each human services district or authority shall constitute a body corporate in law, with all of the powers of a corporation, including the power to sue and be sued. Each district or authority shall also have all the powers and rights conferred by this Chapter and the power to perform any other act in its corporate capacity and in its corporate name which is necessary and proper for effectuating the purposes for which the district or authority was created. Each district or authority shall constitute a special district or authority within the meaning of Article VI, Section 19 of the Constitution of Louisiana, shall be a political subdivision of the state, and enjoy all rights, powers, and privileges enjoyed by other political subdivisions of the state under the constitution and laws of the state, excluding the rights to incur long-term debt, issue bonds, or levy taxes and special assessments.
D. The board shall submit any reports or information to the secretary of the department upon request of the secretary. The board shall also submit quarterly reports as outlined in the contract with the department, indicating the services provided, the number of persons served, and the amount spent on such services.
E. Notwithstanding any provision of state law to the contrary, the districts and authorities and the department shall share access to each other's client case records of clients for whom they both provide services, to the extent that access is not prohibited by any contrary provision of federal law or regulation.
F. The provisions of Subsections A and B of this Section shall not include the following:
(1) Operation and management of any inpatient facility under the jurisdiction of the department.
(2) Operation, management, and performance of functions and services relating to environmental health, including but not limited to regulatory function as performed by sanitarians and engineers within the office of public health pursuant to R.S. 40:4 through 10, R.S. 40:2701 et seq., Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950, R.S. 37:2101 et seq., the state's Sanitary Code, and all other relevant federal and state law, rules, and regulations.
(3) Operation, management, and performance of functions and services relating to the vital records registry and the collection of vital statistics within the office of public health pursuant to R.S. 40:5, 32 through 79, and 1061.17 and R.S. 44:401 et seq., including the putative father registry and the vital records management information system.
(4) Operation, management, and performance of functions and services relating to laboratory analyses by the state division of laboratories with the office of public health in the area of personal and environmental health.
(5) Operation, management, and performance of functions and services relating to education provided by or authorized for any state or local education department or agency.
Acts 2008, No. 373, §2, eff. June 21, 2008; Acts 2012, No. 231, §1, eff. May 22, 2012; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2015, No. 20, §1, eff. May 29, 2015; Acts 2017, No. 73, §1, eff. June 7, 2017; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1; Acts 2022, No. 271, §1.
A. All employees of the district or authority shall carry out the functions of the district or authority and its programs and services and shall perform their duties subject to applicable state civil service laws, rules, and regulations.
B.(1) All employees of the districts and authorities shall participate in and be covered by state services, systems, and programs for which provision is made in medical malpractice liability laws as provided for in R.S. 40:1237.1 et seq.
(2) The districts and authorities may participate in and be covered by state services, systems, and programs for which provision is made in comprehensive liability, automobile, workers' compensation, and fire and extended coverage insurance provided for in R.S. 39:1527 et seq.
C. The districts and authorities, including their contract service delivery employees, may participate in and be covered by the state program for medical malpractice notwithstanding the prohibition in R.S. 40:1237.1(A)(9)(b) and (M) to the contrary, provided that the districts and authorities or covered contract service delivery employees have paid the appropriate premium to the office of risk management.
D. All employees of the districts and authorities shall be members of the state civil service system and the Louisiana State Employees' Retirement System.
Acts 2008, No. 373, §2, eff. June 21, 2008; Acts 2017, No. 73, §1, eff. June 7, 2017.
A. There shall be a human services interagency council established by the department to provide policy guidance to the department in the ongoing operations of the districts and authorities. The council shall be chaired by the secretary of the department or his designee and shall include the assistant secretaries of the office of behavioral health, office for citizens with developmental disabilities, office of public health, office of aging and adult services, as well as the director of Medicaid or his designee, the executive directors of the districts and authorities, and other members as deemed appropriate by the council.
B. The purpose of the council meetings shall be to share information between the state and the districts and authorities and among the districts and authorities. All council members shall have the opportunity to present information, request information, and engage in dialogue regarding any matter before the council.
C. The council shall meet at least once quarterly, but may meet more often if called by the chair. The council shall meet at locations that rotate throughout the state, as appropriate, to provide ease of travel for the members of the council. A quorum is not required and council members may participate by phone during any meeting in which a vote of the council members is not being requested, but a quorum shall be required for any vote to be taken on a matter before the council.
D.(1) Beginning February 1, 2018, the secretary shall submit a single comprehensive annual report on the operations of the districts and authorities to the Senate and House committees on health and welfare. The annual report shall include a detailed list of the services provided and populations served by each district or authority, a financial summary of the operations of each district or authority, and other information demonstrating the performance of each district or authority for the previous fiscal year. The report shall include the secretary's assessment and recommendations based on the data in the report. The report shall also include recommendations by the council and recommendations of any individual district or authority in the event that they wish to provide additional information or commentary regarding the data in the report. The report shall also include information on the meetings of the council and recommendations on how to build upon the work of the council.
(2) Within thirty days of receipt of the report by the House and Senate committees on health and welfare, either committee may issue notice of intent to convene a hearing separately or jointly for the purpose of conducting a public hearing on the report that was submitted. The department and each human services district or authority may be called collectively or independently to appear before the committee.
E. At least once annually, the council shall convene a meeting to include the board chairman or his designee from each of the ten human services districts and authorities. All board members from each of the ten human services districts and authorities shall have the opportunity to participate if they so choose. This meeting shall be hosted by the Louisiana Department of Health at its central office in Baton Rouge. The purpose of this meeting shall include but is not limited to facilitating and fostering the exchange of best practices to ensure that each district or authority throughout the state is maximizing service delivery in their statutory governance area. Each board chairman, or his designee board member, shall give a presentation on the status of service delivery in his district or authority and shall include specifics on practices that are yielding the best results regarding scope of service and client access. All statewide board members shall have the opportunity to learn from the council and other board members and obtain knowledge on best practices through discussion and dialogue at this annual meeting.
Acts 2008, No. 373, §2, eff. June 21, 2008; Acts 2017, No. 73, §1, eff. June 7, 2017.
A. The secretary shall be responsible for policy, development, implementation, and monitoring of service provision of the statewide human services system to assure the appropriate and reasonable delivery of behavioral health, intellectual disability, and developmental disability services funded by appropriations from the state as well as any public health or other human services contracted to the district or authority by the department.
B.(1) The secretary of the department shall have the authority to enter into a sole-source contract with districts or authorities for the provision of behavioral health services, developmental disabilities and intellectual disabilities services, and selected public health services, or any other human services which contribute to the integrated continuum of care for the clients served by the district or authority. For any service contracted by the department, the department shall provide the funding appropriate for the adequate delivery of such services. The department shall have the authority to examine utilization rates for services provided and populations served, actual expenditures, and remaining forecasted expenditures for each human service district or authority in order to make appropriate funding determinations. When necessary, the department, in consultation with the human services districts or authorities, shall submit such data and information to the legislature prior to making any recommendation of funds adjustment for the subsequent fiscal year.
(2) The contract shall establish performance indicators, quality outcomes, and reporting requirements for the human services districts and authorities, as provided for in this Chapter, as a condition of entering into a contract with the department or as a condition of receiving grant funds or funding from the department.
C. All districts and authorities shall participate in surveys to ensure compliance with the statewide human services system of care, framework, and accountability plan. The interagency council shall recommend to the secretary a schedule for surveys, with such surveys beginning within one year after the standards are approved. Each district and authority shall be surveyed at least every two years. The survey team members shall be selected by the secretary or his designee and shall include a minimum of two experienced district or authority executives as well as department staff. Each survey shall be designed to, at a minimum, ensure each district and authority maintains competency standards for human resources, adequate financial controls, operational and clinical protocols, and shall be used as an opportunity to share best practices.
D. The contract shall incorporate by reference the provisions of the framework and accountability plan in the delivery of behavioral health services and intellectual disability and developmental disability services, and may provide for the delivery of public health or any other human services contracted by the department and funded by appropriations. The contract shall include but not be limited to:
(1) Definitions of eligible and priority populations in accordance with the department's statewide human services system of care, including behavioral health, developmental disabilities and intellectual disabilities, public health, or any other contracted services as applicable.
(2) Definitions of core and targeted services, including the development of indicators and a monitoring plan to measure the provision of and access to these services. Core services are the minimum and essential services available to eligible populations in all urban and rural areas. Targeted services are mandated specialized services available to priority populations based on the source and availability of funds.
(3) Standards for intake and access to institutional and community services.
(4) A minimum required data set of consumer-focused and systems outcome measurements required for reliable outcome measurement that use consistent definitions statewide.
(5) A mechanism to survey and monitor quality of care and protection of consumer rights through consistent and reliable outcome measurements.
(6) Standards for subcontractor agreements funded by appropriations from the state to assure compliance with applicable state and federal laws, rules, regulations, and court orders and to provide remedies for correction of noncompliance and sanctions for failure to comply.
(7) Ongoing standards for operational performance, including human resources competency, contracting and procurement, clinical protocols, financial controls, and consumer satisfaction.
(8) Conditions and cause for termination of the contract by either party pursuant to the provisions of Subsection E of this Section.
E.(1)(a) The secretary of the department shall have the authority to issue sanctions for noncompliance with the terms of the contract. The contracts between the districts and authorities and the department shall include a provision for corrective action or termination of the contract if a deficiency continues after such time as the district or authority has been given the opportunity to correct it. The department shall notify the district or authority in writing of any deficiency. The district or authority shall have a period of time set forth in the contract to submit a corrective action plan to correct any noticed deficiency. If the deficiency continues after such period of time, or if the district or authority does not make a good faith effort to correct the deficiency, the contract shall have a provision for termination by the department.
(b) The department shall submit written notice to the Senate and House committees on health and welfare if a district or authority is in noncompliance with their contract and a corrective action plan has been requested. The department shall inform the committees of the time line for the district or authority to come into compliance with their contract and shall inform the committees when the matter is resolved.
(2)(a) The contracts between the districts and authorities and the department shall also include a provision authorizing the department to assume temporary management of the district or authority if noncompliance with the contract constitutes a threat to public health or well-being and a corrective action plan can not sufficiently address the threat to the public health. In the event a contract is terminated under this provision, the department shall assume responsibility and oversight for the provision of services with funds appropriated to the district until such time as the district has met the compliance standards of their contract.
(b) The department shall submit written notice to the Senate and House committees on health and welfare if a district or authority is in noncompliance with their contract and the department intends to terminate the contract and assume temporary management of the district or authority. Approval of the Senate and House committees on health and welfare, meeting separately or jointly, is required before imposing the sanction of temporary management by the department.
(c) If a district or authority has been placed under temporary management by the department, and subsequently resumes compliance with their contract, the department shall submit written notice to the Senate and House committees on health and welfare of their intent to resume the contract and relinquish temporary management of the district or authority.
F. The department shall have the authority to survey and monitor the human services districts and authorities by conducting onsite reviews, desk reviews, data reviews, requiring data submission on grant funds, legislative reporting, federal or state requirements, and budgeting purposes.
Acts 2008, No. 373, §2, eff. June 21, 2008; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2017, No. 73, §1, eff. June 7, 2017; Acts 2025, No. 381, §1.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.
A. As used in this Part, "intervention and stabilization unit" means a type of crisis receiving center in which a staff of mental health and behavioral health specialists provide a high level of screening and assessment to people experiencing mental health or behavioral health crises.
B. The purposes of an intervention and stabilization unit include, without limitation, all of the following:
(1) To properly connect patients experiencing mental health or behavioral health crises to either acute or ongoing community-based treatment.
(2) To diminish the need in a community for recurrent crisis services for persons suffering from mental illness, a substance-related or addictive disorder, or both conditions.
(3) To serve as a crisis continuum component that assists law enforcement officers, hospital emergency departments, and jails by treating persons with mental health and behavioral health conditions in an appropriate setting.
Acts 2016, No. 591, §1; Acts 2017, No. 369, §2, eff. June 7, 2017.
A. Human services districts and authorities are hereby authorized to establish intervention and stabilization units in accordance with the provisions of this Section.
B. Subject to appropriation for this purpose, a human services district or authority may establish and operate an intervention and stabilization unit in any parish that meets all of the following criteria:
(1) The parish has a population of more than four hundred forty thousand according to the latest federal decennial census.
(2) The parish experienced the closure of a hospital provided for in R.S. 17:1519.2 that had been operated by the health care services division of the LSU Health Sciences Center-New Orleans.
C. Human services districts and authorities are hereby authorized, but are not required, to establish any intervention and stabilization unit pursuant to this Section. Any unit so established shall be licensed as a Level III (freestanding) crisis receiving center in accordance with the provisions of R.S. 28:22 and LAC 48:I.5301 et seq.
D. No intervention and stabilization unit, as provided for in this Section, shall be established by any human services authority or district unless and until the legislature specifically appropriates funding for this purpose. Furthermore, no human services authority or district shall divert any monies appropriated to the authority or district for other purposes to establish or fund an intervention and stabilization unit.
Acts 2016, No. 591, §1; Acts 2018, No. 206, §1.
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