La. Rev. Stat. § 28:62 — LA Code / Code revised-statutes / Title 28 / Section 62
Commitment to United States veterans and public health service hospitals
Status: in_force

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.
La. Rev. Stat. § 28:75 — LA Code / Code revised-statutes / Title 28 / Section 75
Failure to comply with involuntary outpatient treatment
Status: in_force

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.
La. Rev. Stat. § 28:232 — LA Code / Code revised-statutes / Title 28 / Section 232
Limitations on liability of physician or provider
Status: in_force

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.
La. Rev. Stat. § 28:931 — LA Code / Code revised-statutes / Title 28 / Section 931
Definitions; purposes
Status: in_force

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.
La. Rev. Stat. § 28:229 — LA Code / Code revised-statutes / Title 28 / Section 229
Advance directive for behavioral health treatment; part of medical record; physician or provider compliance; withdrawal of physician or provider
Status: in_force

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.
La. Rev. Stat. § 28:142 — LA Code / Code revised-statutes / Title 28 / Section 142
Costs of transportation
Status: in_force

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.
La. Rev. Stat. § 28:227 — LA Code / Code revised-statutes / Title 28 / Section 227
Scope of authority of representative; powers and duties; limitation on liability
Status: in_force

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.
La. Rev. Stat. § 28:451.4 — LA Code / Code revised-statutes / Title 28 / Section 451.4
State developmental centers; office for citizens with developmental disabilities
Status: in_force

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.
La. Rev. Stat. § 28:772 — LA Code / Code revised-statutes / Title 28 / Section 772
Funding of regional addictive disorder services
Status: in_force

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.
La. Rev. Stat. § 28:147 — LA Code / Code revised-statutes / Title 28 / Section 147
Method of collection
Status: in_force

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.
La. Rev. Stat. § 28:96 — LA Code / Code revised-statutes / Title 28 / Section 96
Discharge by the administrator or treating physician
Status: in_force

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.
La. Rev. Stat. § 28:12 — LA Code / Code revised-statutes / Title 28 / Section 12
Legislative declaration of intent
Status: in_force

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.
La. Rev. Stat. § 28:454.7 — LA Code / Code revised-statutes / Title 28 / Section 454.7
Duration and discharge of commitment
Status: in_force

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.
La. Rev. Stat. § 28:1 — LA Code / Code revised-statutes / Title 28 / Section 1
Short title
Status: in_force

This Chapter may be cited as the "Behavioral Health Law".

Acts 2017, No. 369, §2.
La. Rev. Stat. § 28:173 — LA Code / Code revised-statutes / Title 28 / Section 173
Interest earned on funds of psychiatric hospital patients
Status: in_force

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.
La. Rev. Stat. § 28:68 — LA Code / Code revised-statutes / Title 28 / Section 68
Petition
Status: in_force

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.
La. Rev. Stat. § 28:22.6 — LA Code / Code revised-statutes / Title 28 / Section 22.6
Payment for maintenance or treatment
Status: in_force

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.
La. Rev. Stat. § 28:757 — LA Code / Code revised-statutes / Title 28 / Section 757
Council staffing
Status: in_force

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.
La. Rev. Stat. § 28:454.14 — LA Code / Code revised-statutes / Title 28 / Section 454.14
Criminal matters
Status: in_force

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.
La. Rev. Stat. § 28:63 — LA Code / Code revised-statutes / Title 28 / Section 63
Standard of care; limitation of liability; penalties
Status: in_force

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.
La. Rev. Stat. § 28:464 — LA Code / Code revised-statutes / Title 28 / Section 464
Requirements for statewide system
Status: in_force

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.
La. Rev. Stat. § 28:454.12 — LA Code / Code revised-statutes / Title 28 / Section 454.12
Immunity from liability
Status: in_force

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.
La. Rev. Stat. § 28:21.1 — LA Code / Code revised-statutes / Title 28 / Section 21.1
Substance-related and addictive disorders; treatment in state psychiatric hospitals
Status: in_force

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.
La. Rev. Stat. § 28:66 — LA Code / Code revised-statutes / Title 28 / Section 66
Criteria for civil involuntary outpatient treatment
Status: in_force

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.
La. Rev. Stat. § 28:235 — LA Code / Code revised-statutes / Title 28 / Section 235
Withdrawal of representative; rescission of withdrawal
Status: in_force

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.
La. Rev. Stat. § 28:51 — LA Code / Code revised-statutes / Title 28 / Section 51
Procedures for admission
Status: in_force

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.
La. Rev. Stat. § 28:203 — LA Code / Code revised-statutes / Title 28 / Section 203
Standards of operation and maintenance; enforcement; entry and inspection
Status: in_force

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.
La. Rev. Stat. § 28:52.2 — LA Code / Code revised-statutes / Title 28 / Section 52.2
Formal voluntary admission
Status: in_force

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.
La. Rev. Stat. § 28:69 — LA Code / Code revised-statutes / Title 28 / Section 69
Procedure
Status: in_force

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.
La. Rev. Stat. § 28:825 — LA Code / Code revised-statutes / Title 28 / Section 825
Administering medication
Status: in_force

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.
La. Rev. Stat. § 28:461 — LA Code / Code revised-statutes / Title 28 / Section 461
Findings; policy
Status: in_force

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.
La. Rev. Stat. § 28:52 — LA Code / Code revised-statutes / Title 28 / Section 52
Voluntary admissions; general provisions
Status: in_force

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.
La. Rev. Stat. § 28:172 — LA Code / Code revised-statutes / Title 28 / Section 172
Deposit of patients' funds; disbursement
Status: in_force

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.
La. Rev. Stat. § 28:454.6 — LA Code / Code revised-statutes / Title 28 / Section 454.6
Judicial hearings; commitments
Status: in_force

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.
La. Rev. Stat. § 28:98.2 — LA Code / Code revised-statutes / Title 28 / Section 98.2
Immunity of psychiatric hospital and director or administrator
Status: in_force

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.
La. Rev. Stat. § 28:477 — LA Code / Code revised-statutes / Title 28 / Section 477
Definitions
Status: in_force

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.
La. Rev. Stat. § 28:454.17 — LA Code / Code revised-statutes / Title 28 / Section 454.17
Rules and regulations
Status: in_force

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.
La. Rev. Stat. § 28:215.6 — LA Code / Code revised-statutes / Title 28 / Section 215.6
Limitation of liability
Status: in_force

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.
La. Rev. Stat. § 28:21 — LA Code / Code revised-statutes / Title 28 / Section 21
State psychiatric hospitals
Status: in_force

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.
La. Rev. Stat. § 28:202 — LA Code / Code revised-statutes / Title 28 / Section 202
Lease of land, buildings, and equipment
Status: in_force

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.
La. Rev. Stat. § 28:52.3 — LA Code / Code revised-statutes / Title 28 / Section 52.3
Noncontested admission
Status: in_force

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.
La. Rev. Stat. § 28:476 — LA Code / Code revised-statutes / Title 28 / Section 476
Declaration of policy
Status: in_force

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.
La. Rev. Stat. § 28:452.2 — LA Code / Code revised-statutes / Title 28 / Section 452.2
Principles for the developmental disabilities services system
Status: in_force

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.
La. Rev. Stat. § 28:185 — LA Code / Code revised-statutes / Title 28 / Section 185
Unlicensed counseling
Status: in_force

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.
La. Rev. Stat. § 28:470 — LA Code / Code revised-statutes / Title 28 / Section 470
Louisiana State Interagency Coordinating Council for EarlySteps: Louisiana's Early Intervention Program for Infants and Toddlers with Disabilities and Their Families
Status: in_force

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.
La. Rev. Stat. § 28:215.4 — LA Code / Code revised-statutes / Title 28 / Section 215.4
Consent
Status: in_force

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.
La. Rev. Stat. § 28:813 — LA Code / Code revised-statutes / Title 28 / Section 813
Administrative rulemaking
Status: in_force

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.
La. Rev. Stat. § 28:455.2 — LA Code / Code revised-statutes / Title 28 / Section 455.2
Assurances of consistency with local and state planning
Status: in_force

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.
La. Rev. Stat. § 28:233 — LA Code / Code revised-statutes / Title 28 / Section 233
Individuals prohibited from serving as representative
Status: in_force

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.
La. Rev. Stat. § 28:758 — LA Code / Code revised-statutes / Title 28 / Section 758
Regulations
Status: in_force

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.
La. Rev. Stat. § 28:14 — LA Code / Code revised-statutes / Title 28 / Section 14
Funding priorities; cost-effectiveness
Status: in_force

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.
La. Rev. Stat. § 28:803 — LA Code / Code revised-statutes / Title 28 / Section 803
Legislative findings and declaration; purpose
Status: in_force

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.
La. Rev. Stat. § 28:92 — LA Code / Code revised-statutes / Title 28 / Section 92
Transfer of patients from military establishments
Status: in_force

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.
La. Rev. Stat. § 28:753 — LA Code / Code revised-statutes / Title 28 / Section 753
Membership
Status: in_force

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.
La. Rev. Stat. § 28:754 — LA Code / Code revised-statutes / Title 28 / Section 754
Council officers
Status: in_force

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.
La. Rev. Stat. § 28:22.8 — LA Code / Code revised-statutes / Title 28 / Section 22.8
State developmental centers
Status: in_force

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.
La. Rev. Stat. § 28:723 — LA Code / Code revised-statutes / Title 28 / Section 723
Supplementary agreements
Status: in_force

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.
La. Rev. Stat. § 28:454.16 — LA Code / Code revised-statutes / Title 28 / Section 454.16
Appeal procedure
Status: in_force

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.
La. Rev. Stat. § 28:77 — LA Code / Code revised-statutes / Title 28 / Section 77
Fees and court costs
Status: in_force

Assistive outpatient treatment proceedings shall be exempt from charges for filing fees or taxing of court costs.

Acts 2021, No. 329, §1.
La. Rev. Stat. § 28:143 — LA Code / Code revised-statutes / Title 28 / Section 143
Costs of maintenance and daily care
Status: in_force

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.
La. Rev. Stat. § 28:67 — LA Code / Code revised-statutes / Title 28 / Section 67
Petition to the court
Status: in_force

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.
La. Rev. Stat. § 28:913.3 — LA Code / Code revised-statutes / Title 28 / Section 913.3
Governing board for Metropolitan Human Services District; membership; appointment; terms
Status: in_force

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.
La. Rev. Stat. § 28:454.1 — LA Code / Code revised-statutes / Title 28 / Section 454.1
Developmental disabilities services system
Status: in_force

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.
La. Rev. Stat. § 28:50 — LA Code / Code revised-statutes / Title 28 / Section 50
Declaration of policy
Status: in_force

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.
La. Rev. Stat. § 28:4 — LA Code / Code revised-statutes / Title 28 / Section 4
Behavioral healthcare information; records
Status: in_force

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.
La. Rev. Stat. § 28:454.9 — LA Code / Code revised-statutes / Title 28 / Section 454.9
Judicial commitment; notice of rights
Status: in_force

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.
La. Rev. Stat. § 28:215.2 — LA Code / Code revised-statutes / Title 28 / Section 215.2
Coroner's Strategic Initiative for a Health Information and Intervention Program; powers and duties
Status: in_force

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.
La. Rev. Stat. § 28:183 — LA Code / Code revised-statutes / Title 28 / Section 183
Furnishing weapons
Status: in_force

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.
La. Rev. Stat. § 28:467 — LA Code / Code revised-statutes / Title 28 / Section 467
Procedural safeguards
Status: in_force

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.
La. Rev. Stat. § 28:215.3 — LA Code / Code revised-statutes / Title 28 / Section 215.3
Treatment facilities; dissemination of information
Status: in_force

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.
La. Rev. Stat. § 28:468 — LA Code / Code revised-statutes / Title 28 / Section 468
Payor of last resort; nonsubstitution; reduction of other benefits
Status: in_force

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.
La. Rev. Stat. § 28:821 — LA Code / Code revised-statutes / Title 28 / Section 821
Findings and purpose
Status: in_force

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.
La. Rev. Stat. § 28:37 — LA Code / Code revised-statutes / Title 28 / Section 37
Operation without license; penalty
Status: in_force

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.
La. Rev. Stat. § 28:25 — LA Code / Code revised-statutes / Title 28 / Section 25
Provisions for close confinement of certain patients who have a mental illness
Status: in_force

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.
La. Rev. Stat. § 28:827 — LA Code / Code revised-statutes / Title 28 / Section 827
Active duty military families
Status: in_force

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.
La. Rev. Stat. § 28:59 — LA Code / Code revised-statutes / Title 28 / Section 59
Commitment of prisoners
Status: in_force

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.
La. Rev. Stat. § 28:454.11 — LA Code / Code revised-statutes / Title 28 / Section 454.11
Rights of persons committed to the department
Status: in_force

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.
La. Rev. Stat. § 28:201 — LA Code / Code revised-statutes / Title 28 / Section 201
Transfer of administration
Status: in_force

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.
La. Rev. Stat. § 28:53.1 — LA Code / Code revised-statutes / Title 28 / Section 53.1
Discharge plan; healthcare provider notification requirements
Status: in_force

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.
La. Rev. Stat. § 28:826 — LA Code / Code revised-statutes / Title 28 / Section 826
Disability Services Fund
Status: in_force

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.
La. Rev. Stat. § 28:200 — LA Code / Code revised-statutes / Title 28 / Section 200
Promotion of a community-based system of care
Status: in_force

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.
La. Rev. Stat. § 28:912 — LA Code / Code revised-statutes / Title 28 / Section 912
Creation and jurisdiction
Status: in_force

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.
La. Rev. Stat. § 28:756 — LA Code / Code revised-statutes / Title 28 / Section 756
Council bylaws
Status: in_force

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.
La. Rev. Stat. § 28:451.5 — LA Code / Code revised-statutes / Title 28 / Section 451.5
Provision of additional living options and developmental disabilities services and supports
Status: in_force

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.
La. Rev. Stat. § 28:206 — LA Code / Code revised-statutes / Title 28 / Section 206
Continuum of care for the emotionally and behaviorally disturbed; statement of policy; determination of need and site
Status: in_force

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.
La. Rev. Stat. § 28:105 — LA Code / Code revised-statutes / Title 28 / Section 105
Extradition of escaped patients
Status: in_force

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.
La. Rev. Stat. § 28:184 — LA Code / Code revised-statutes / Title 28 / Section 184
Furnishing intoxicants
Status: in_force

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.
La. Rev. Stat. § 28:454.13 — LA Code / Code revised-statutes / Title 28 / Section 454.13
Failure to obey an order or judgment
Status: in_force

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.
La. Rev. Stat. § 28:913.6 — LA Code / Code revised-statutes / Title 28 / Section 913.6
Governing board for Capital Area Human Services District; membership; appointment; terms
Status: in_force

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.
La. Rev. Stat. § 28:842 — LA Code / Code revised-statutes / Title 28 / Section 842
Compulsive and Problem Gaming Fund; creation
Status: in_force

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.
La. Rev. Stat. § 28:932 — LA Code / Code revised-statutes / Title 28 / Section 932
Intervention and stabilization units; establishment and operation; duties of human services districts and authorities
Status: in_force

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.