reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:206. Continuum of care for the emotionally and behaviorally disturbed; statement of policy; determination of need and site

RS 28:206 - Continuum of care for the emotionally and behaviorally disturbed; statement of policy; determination of need and site
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:215.1. Coroner's Strategic Initiative for a Health Information and Intervention Program; creation

RS 28:215.1 - Coroner's Strategic Initiative for a Health Information and Intervention Program; creation
The office of the coroner in the parish of St. Tammany is hereby authorized to establish within his office a Coroner's Strategic Initiative for a Health Information and Intervention Program, referred to hereafter in this Part as "CSI/HIP".
Acts 2010, No. 907, §1; Acts 2011, 1st Ex. Sess., No. 13, §1; Acts 2018, No. 206, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:215.2. Coroner's Strategic Initiative for a Health Information and Intervention Program; powers and duties

RS 28:215.2 - Coroner's Strategic Initiative for a Health Information and Intervention Program; powers and duties
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:215.3. Treatment facilities; dissemination of information

§215.3 Treatment facilities; dissemination of information
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:215.4. Consent

RS 28:215.4 - Consent
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:215.5. Coroner's Strategic Initiative for a Health Information and Intervention Program; advisory board

RS 28:215.5 - Coroner's Strategic Initiative for a Health Information and Intervention Program; advisory board
A. Each coroner establishing the program authorized in R.S. 28:215.1 shall establish a Coroner's Strategic Initiative for a Health Information and Intervention Program Advisory Board to advise the coroner on matters related to the services and programs provided through the Coroner's Strategic Initiative for a Health Information and Intervention Program. The advisory board shall serve the coroner only in an advisory capacity and shall not have any control or authority over the services or programs provided or funds expended by the office of the coroner to carry out the functions of the Coroner's Strategic Initiative for a Health Information and Intervention Program. The advisory board shall be domiciled in the same parish in which the CSI/HIP is maintained.
B. The membership of the advisory board shall be the following:
(1) The executive director of the coroner's office, who shall also serve as the chairperson of the advisory board.
(2) The director of the Mental Health Advocacy Service or his designee.
(3) One member appointed by the chief executive officer of a hospital within the parish where the CSI/HIP is located and which operates a psychiatric ward.
(4) One member appointed by the executive director of the human services authority or district which serves the parish where the CSI/HIP is located.
(5) One member appointed by the National Alliance on Mental Illness for the parish in which the CSI/HIP is located.
(6) One member appointed by the Ministerial Alliance for the parish in which the CSI/HIP is located.
(7) One member appointed by the coroner who is a member of a civic organization which provides charitable resources or services to low-income patients in the parish where the CSI/HIP is located.
C. Meetings of the advisory board shall be held at a time and place as determined by the chairperson or when requested by a majority of the board members. Notice of all meetings of the board, together with an agenda of the business to come before the board, shall be provided to the public. The board shall be subject to the Open Meetings Law (R.S. 42:11 et seq.) and the Public Records Law (R.S. 44:1 et seq.). A majority of the individuals appointed to the board shall constitute a quorum.
D. Members of the board shall serve on a voluntary basis and shall not receive any compensation or reimbursement for expenses.
Acts 2010, No. 907, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2018, No. 206, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:215.6. Limitation of liability

RS 28:215.6 - Limitation of liability
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:221. Definitions

RS 28:221 - Definitions
As used in this Part:
(1) "Advance directive for behavioral health treatment" or "advance directive" means a written document voluntarily executed by a principal in accordance with the requirements of this Part and includes a declaration or the appointment of a representative or both.
(2) "Behavioral health treatment" means treatment of mental illness with psychotropic medication, admission to and retention in a treatment facility, or outpatient services. However, " behavioral health treatment" shall not include admission to or retention in a treatment facility for a period in excess of fifteen days.
(3) "Declaration for behavioral health treatment" or "declaration" means a written document executed by a principal, in accordance with the requirements of this Part, setting forth preferences or instructions regarding behavioral health treatment in the event the principal is determined to be incapable and behavioral health treatment is necessary.
(4) "Director" or "administrator" means a person in charge of a treatment facility or his deputy.
(5) "Incapable" means that, due to any infirmity, the principal is currently unable to make or to communicate reasoned decisions regarding the principal's behavioral health treatment.
(6) "Outpatient services" means treatment for a mental illness or a substance-related or addictive disorder that is obtained on an outpatient basis.
(7) "Physician" means an individual licensed to practice medicine by the Louisiana State Board of Medical Examiners.
(8) "Principal" means an individual who has executed an advance directive for behavioral health treatment.
(9) "Provider" means a behavioral health treatment provider.
(10) "Psychologist" means a clinical or medical psychologist who is licensed to practice psychology in Louisiana.
(11) "Representative" means a competent adult validly appointed under R.S. 28:223 to make behavioral health treatment decisions for a principal and also means an alternative representative.
(12) "Treating physician" means the physician who has primary responsibility for the behavioral health treatment of the principal.
(13) "Treatment facility" shall have the same meaning as provided in R.S. 28:2.
Acts 2001, No. 755, §1; Acts 2009, No. 251, §7, eff. Jan. 1, 2010; Acts 2017, No. 369, §2; Acts 2021, No. 238, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:222. Individuals who may make an advance directive for behavioral health treatment; period of validity

RS 28:222 - Individuals who may make an advance directive for behavioral health treatment; period of validity
A. An adult who is not incapable may make an advance directive for behavioral health treatment. The preferences or instructions may include consent to or refusal of behavioral health treatment.
B. An advance directive for behavioral health treatment shall continue in effect for a period of five years or until revoked, whichever occurs first. The authority of a named representative and any alternative representative named in the advance directive for behavioral health treatment shall continue in effect as long as the advance directive appointing the representative is in effect or until the representative has withdrawn.
C. If an advance directive for behavioral health treatment has been delivered to the principal's treating physician or other provider and the principal has been determined to be incapable pursuant to R.S. 28:226, at the expiration of five years after its execution, it shall remain effective until the principal is no longer incapable.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:223. Designation of representative for decisions about behavioral health treatment

RS 28:223 - Designation of representative for decisions about behavioral health treatment
An advance directive for behavioral health treatment may designate a competent adult to act as a representative to make decisions about behavioral health treatment. An alternative representative may also be designated to act as representative if the original designee is unable or unwilling to act at any time. A representative who has accepted the appointment in writing may make decisions about behavioral health treatment on behalf of the principal only when the principal is determined to be incapable pursuant to R.S. 28:226. The decisions shall be consistent with any desires the principal has expressed in the declaration.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:224. Execution of advance directive; witnesses; psychiatric examination

RS 28:224 - Execution of advance directive; witnesses; psychiatric examination
A. An advance directive for behavioral health treatment shall be valid only if it is signed by the principal and two competent witnesses and accompanied by a written psychiatric examination performed by a physician or psychologist attesting to the principal's ability to make reasoned decisions concerning his behavioral health treatment. The witnesses shall attest that the principal is known to them, signed the advance directive in their presence, and does not appear to be unable to make reasoned decisions concerning his behavioral health treatment or under duress, fraud, or undue influence. Individuals specified in R.S. 28:234 may not act as witnesses.
B. In determining the principal's ability, the physician or psychologist should consider all of the following:
(1) Whether the principal demonstrates an awareness of the nature of his illness and situation.
(2) Whether the principal demonstrates an understanding of treatment and the risks, benefits, and alternatives.
(3) Whether the principal communicates a clear choice regarding treatment that is a reasoned one, even though it may not be in the person's best interest.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:225. Operation of advance directive; physician or provider to act in accordance with advance directive

RS 28:225 - Operation of advance directive; physician or provider to act in accordance with advance directive
A. An advance directive shall become operative when it is delivered to the principal's treating physician or other behavioral health treatment provider and shall remain valid until revoked or expired.
B. The treating physician or provider shall act in accordance with an operative advance directive when the principal has been found to be incapable pursuant to R.S. 28:226. Notwithstanding the operative advance directive, the treating physician or provider shall endeavor to communicate with the principal regarding his proposed behavioral health treatment and even continue to obtain the principal's informed consent to all behavioral health treatment decisions if the principal is capable of providing informed consent or refusal.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:226. Determination of incapacity

RS 28:226 - Determination of incapacity
A. The incapacity of a principal shall be established by two physicians who have personally examined the principal, determined that he is incapable, and signed a written certificate. The written certificate shall be made part of the principal's medical record.
B. The determination that the principal has regained his capacity while in the treatment facility shall be made by any licensed physician and entered in the principal's medical record. The principal automatically regains his capacity when he is discharged from the treatment facility.
Acts 2001, No. 755, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:227. Scope of authority of representative; powers and duties; limitation on liability

RS 28:227 - Scope of authority of representative; powers and duties; limitation on liability
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:228. Prohibitions against requiring an individual to execute or refrain from executing an advance directive

RS 28:228 - Prohibitions against requiring an individual to execute or refrain from executing an advance directive
An individual shall not be required to execute or to refrain from executing an advance directive for behavioral health treatment as a criterion for insurance, as a condition for receiving behavioral or physical health services, or as a condition of discharge from a treatment facility.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:229. Advance directive for behavioral health treatment; part of medical record; physician or provider compliance; withdrawal of physician or provider

RS 28:229 - Advance directive for behavioral health treatment; part of medical record; physician or provider compliance; withdrawal of physician or provider
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:231. Revocation of advance directive

RS 28:231 - Revocation of advance directive
An advance directive for mental health treatment may be revoked in whole or in part at any time by the principal if the principal is not incapable. Revocation shall be effective when a principal who is not capable communicates the revocation to the treating physician or other provider. The treating physician or other provider shall note the revocation as part of the principal's medical record.
Acts 2001, No. 755, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:232. Limitations on liability of physician or provider

RS 28:232 - Limitations on liability of physician or provider
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:233. Individuals prohibited from serving as representative

RS 28:233 - Individuals prohibited from serving as representative
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:234. Individuals prohibited from serving as witnesses to advance directive for behavioral health treatment

RS 28:234 - Individuals prohibited from serving as witnesses to advance directive for behavioral health treatment
The following individuals shall be prohibited from serving as a witness to the signing of an advance directive for behavioral health treatment:
(1) The treating physician, provider, or a relative of the physician or provider.
(2) An owner, operator, or relative of an owner or operator of a behavioral health treatment facility in which the principal is a patient or resident.
(3) An individual related to the principal by blood, marriage, or adoption.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:235. Withdrawal of representative; rescission of withdrawal

RS 28:235 - Withdrawal of representative; rescission of withdrawal
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:420. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.

RS 28:420 - Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:421. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.

RS 28:421 - Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:422. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.

RS 28:422 - Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:423. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.

RS 28:423 - Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:424. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.

RS 28:424 - Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:425. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.

RS 28:425 - Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:426. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.

RS 28:426 - Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:427. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.

RS 28:427 - Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2, eff. July 12, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:451.1. Title; purpose; intent

RS 28:451.1 - Title; purpose; intent
A. This Chapter shall be cited as the "Developmental Disability Law".
B. It is the purpose of this Chapter to provide for a developmental disabilities services system that values all persons with developmental disabilities and affirms and protects their fundamental rights and privileges as citizens of Louisiana and the United States of America. This system shall be based on the premise established in the Developmental Disabilities Assistance and Bill of Rights Act, that disability is a natural part of the human experience that does not diminish the right of persons with developmental disabilities to exert control and choice over their own lives, and fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural and educational mainstream of society.
C. It is the intent of this Chapter to delineate the principles of the system, the rights of persons with developmental disabilities, the definitions used in this Chapter, the system process, the roles and responsibilities within the system, and other issues that will guide the provision of supports and services for persons with developmental disabilities.
D. It is the intent of this Chapter to establish that the office for citizens with developmental disabilities within the Louisiana Department of Health will be responsible for the programmatic leadership in the designing and developing of all developmental disabilities services provided by the department either directly or pursuant to agreements with public and private providers. It is also the intent of this Chapter to enable the office to provide developmental disabilities services and supports consistent with the rights and principles within this Chapter, to the extent possible.
E. It is the intent of this Chapter to establish a system that affirms and supports the principles of self-determination and full inclusion of all persons with developmental disabilities to live, work, and participate in leisure activities in their community as they choose and to the extent possible.
F. This law shall be made available in alternative formats upon request from the following:
(1) Office for citizens with developmental disabilities.
(2) Human services authorities and districts.
(3) Governor's Office of Disability Affairs.
(4) Developmental Disabilities Council.
(5) The Advocacy Center.
(6) Human Development Center.
G. The provisions of this Chapter shall not be construed to delete, change, affect, or decrease the requirements of R.S. 17:1941 through 1959 regarding Special School District No. 1 or the Louisiana Department of Education, or both.
Acts 2005, No. 128, §1, eff. June 22, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:451.4. State developmental centers; office for citizens with developmental disabilities

RS 28:451.4 - State developmental centers; office for citizens with developmental disabilities
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:451.5. Provision of additional living options and developmental disabilities services and supports

RS 28:451.5 - Provision of additional living options and developmental disabilities services and supports
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:451.6. Assignment of property rights

RS 28:451.6 - Assignment of property rights
A. By receiving services from and living in a licensed, state-operated, twenty-four-hour residential facility provided by or through the office, the person shall be deemed to have made an assignment to the department of his right, title, and interest in any property he owns, including interest in any trust or succession, up to the cost of the services actually provided. The portion of property and all assets which, pursuant to federal regulations or statute, the person may retain and still maintain eligibility for coverage under Title XIX of the Social Security Act programs or successor programs shall be exempt from such assignment.
B. The department shall be subrogated to the rights of any such person with regard to such property to the full extent of the costs due for providing such services to the person. The department shall be required to initiate or intervene in any civil actions, either in the name of the department or in the name of the person, in order to collect such costs.
C. This Section shall be liberally construed in order to effectuate its purpose.
Acts 2005, No. 128, §1, eff. June 22, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:452.2. Principles for the developmental disabilities services system

RS 28:452.2 - Principles for the developmental disabilities services system
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:453.1. Definition; establishment of the ombudsman program

RS 28:453.1 - Definition; establishment of the ombudsman program
A. The term "ombudsman" shall refer to a person who is trained and certified as required by the Department of Justice.
B. The ombudsman program is established in the Department of Justice for the purpose of monitoring care received by persons with developmental disabilities residing in state-licensed facilities for persons with developmental disabilities funded through the department excluding state-operated residential care facilities.
C. The Department of Justice shall adopt rules and regulations, in accordance with the provisions of the Administrative Procedure Act, dealing with the following:
(1) The governance of the certification and training program for the establishment of the ombudsman program.
(2) The required training program shall include all of the following:
(a) Rights of persons with developmental disabilities.
(b) Complaint resolutions.
(c) Community resources.
(d) An understanding of developmental disabilities.
D. Certification shall be valid for one year. An ombudsman may be decertified for misconduct, incompetence, or material neglect of duty.
Acts 2005, No. 128, §1, eff. June 22, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:453.2. Ombudsman functions and responsibilities

RS 28:453.2 - Ombudsman functions and responsibilities
A. The ombudsman shall have the following functions and responsibilities:
(1) To receive, investigate, and resolve complaints made by or on behalf of persons who live in facilities described in this Chapter concerning any act, omission, practice, or procedure that may adversely affect the health, safety, or welfare of any such person.
(2) To visit such facilities on a regular basis, in order to become acquainted with the persons living there, their families, facility administration, and facility personnel.
(3) To serve as a liaison between persons living there, their families, facility administration, and facility personnel.
(4) To encourage persons living there in self advocacy when problems are expressed and to make recommendations to the facility, group home, or community home administration for the appropriate resolution of the problem.
(5) To promote awareness of the ombudsman program.
B. No person may serve as an ombudsman without appropriate training and certification.
Acts 2005, No. 128, §1, eff. June 22, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:453.3. Access; liability

RS 28:453.3 - Access; liability
A. The ombudsman shall have immediate access to any person living in a licensed facility described in this Chapter in the reasonable conduct of the functions and responsibilities of the ombudsman, shall inform the administrator or person in charge upon entering the facility, group home, or community home, and shall perform the ombudsman functions and responsibilities in the manner that is least disruptive of care and activities.
B. In performing the functions and responsibilities of the ombudsman, the ombudsman may engage in the following actions:
(1) Communicate privately and confidentially with persons living at the facilities.
(2) Review or obtain any books, files, medical, social, or financial records, or other relevant records pertaining to a particular person, provided written consent is obtained from the person or the person's legal representative.
C. The ombudsman, and any agency that receives information from the ombudsman, shall maintain as confidential all matters relating to any inquiry or referral, including the identity of the person, unless the person or the person's legal representative consents in writing to the disclosure.
D. No ombudsman shall be liable under state law for the good faith performance of official duties as defined by state and federal laws and regulations.
Acts 2005, No. 128, §1, eff. June 22, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:453.4. Prohibition of interference; penalties

RS 28:453.4 - Prohibition of interference; penalties
A residential facility as described in this Chapter shall cooperate with an ombudsman in the performance of his official duties and shall not interfere with, nor retaliate against, a person who has filed a complaint with an ombudsman. Anyone who knowingly or willfully violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred nor more than five hundred dollars.
Acts 2005, No. 128, §1, eff. June 22, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:454.1. Developmental disabilities services system

RS 28:454.1 - Developmental disabilities services system
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:454.3. Consent; capacity to consent

RS 28:454.3 - Consent; capacity to consent
A. A person with a developmental disability is presumed to have capacity to give consent to a particular decision, unless and until determined otherwise. The provisions of this Section shall apply only to persons with cognitive disabilities.
(1) Capacity to give consent or make a particular decision exists when a person is able to comprehend the purposes, consequences, risks and benefits of the decision and any available alternatives.
(2) Decisions regarding daily activities and matters that are not of long-term consequence may require less comprehension than decisions concerning matters that have important legal, health, safety or other long-term consequences, including medical treatment decisions, behavioral or psychiatric treatment decisions, financial matters, contractual matters, living arrangements and rights restrictions.
(3) A decision may be expressed either orally, in writing, or by any other form of communication.
B. The capacity of a person to consent can change and develop over time, depending upon health, environment, and other variables.
(1) The capacity of a person to consent must be routinely assessed as decisions present themselves.
(2) Assessment shall use current standards and assessment tools, along with input from others, including family and direct service staff who are most familiar with the person.
(3) Lack of capacity to make a particular decision does not negate the possibility that a person may have capacity to make other decisions or later decisions.
C. Decisions concerning matters that have important legal, health, safety or other long-term consequences shall require legally adequate consent. Before a person with a developmental disability can be deemed to have given legally adequate consent, each of the following conditions must be met:
(1) The person has not been placed under a judgment of interdiction or continuing tutorship that restricts the right of the person to make the decision in question.
(2) The person has capacity to consent and has been informed of the purposes, consequences, and risks of the decision being made and the benefits of any alternative decision.
(3) The person understands that his withholding or withdrawing of consent shall not prejudice future provision of care and services to him.
(4) The person is giving such consent voluntarily and free from coercion and undue influence.
Acts 2005, No. 128, §1, eff. June 22, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:454.4. Voluntary admission and discharge

RS 28:454.4 - Voluntary admission and discharge
A. The department is encouraged to admit persons with developmental disabilities to developmental disabilities services on a voluntary basis. Neither the department nor any employee or agent of a provider of developmental disabilities services shall prohibit a person with a developmental disability from applying for conversion of an involuntary commitment to a voluntary admission.
B. A person voluntarily admitted into a residential facility who makes a written request for discharge shall be released within seventy-two hours from the time of the written request excluding weekends and holidays unless a petition alleging that the person is either dangerous to himself or dangerous to others is filed with the district court of the parish where the person is located. Upon a showing of probable cause that the person meets this standard, the court may order his confinement until the commitment hearing.
C. Persons who are able to be discharged from developmental disabilities services and who were admitted on a voluntary basis shall be discharged in accordance with the procedures established by the office by rules promulgated in accordance with the Administrative Procedure Act, consistent with the requirements of this Chapter. The office shall include in the rules, procedures for processing requests for discharge of persons who are voluntarily admitted as well as for addressing oppositions to discharge.
D. Upon determination that any person receiving services from the office is either dangerous to himself or dangerous to others, the office will take steps, including involuntary commitment when appropriate, to protect the person or prevent him from harming others.
E. The office shall have the authority to discharge a person who was voluntarily admitted and who for a reasonable period of time has not received developmental disabilities services.
Acts 2005, No. 128, §1, eff. June 22, 2005.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:454.7. Duration and discharge of commitment

RS 28:454.7 - Duration and discharge of commitment
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:454.8. Judicial commitment; appeals

RS 28:454.8 - Judicial commitment; appeals
A person who is involuntarily committed shall be allowed to appeal devolutively from the order to the court of appeal. Upon perfection of an appeal, it shall be heard in a summary manner taking preference over all other cases except similar matters.
Acts 2005, No. 128, §1, eff. June 22, 2005.