reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:52.4. Admission by relative or legal guardian for substance-related or addictive disorder treatment

RS 28:52.4 - Admission by relative or legal guardian for substance-related or addictive disorder treatment
A. A person suffering from a substance-related or addictive disorder may be admitted and detained at a hospital or other treatment facility for observation, diagnosis, and treatment for a medically necessary period when a parent, spouse, legal guardian, or the major child of the person if that child has attained the age of eighteen years has admitted the person or caused him to be admitted pursuant to the provisions of R.S. 28:53.2.
B. At the time of admission of the person, the parent, spouse, legal guardian, or the major child of the person if that child has attained the age of eighteen years shall execute or provide a written statement of facts, including personal observations, leading to the conclusion that the person is suffering from a substance-related or addictive disorder and is dangerous to himself or others or is gravely disabled, specifically describing any dangerous acts or threats, and stating that the person has been encouraged to seek treatment but is unwilling to be evaluated on a voluntary basis.
C. As soon as practicable, but in no event more than twelve hours after admission to the hospital or other treatment facility, a physician shall examine the person and either execute an emergency certificate in accordance with R.S. 28:53(B) or order the person discharged. If an emergency certificate is executed, the physician or the director or administrator of the hospital or other treatment facility shall immediately notify the coroner, and the coroner or his deputy shall conduct an independent examination, in accordance with R.S. 28:53(G). If the coroner or his deputy executes a second emergency certificate, the person may be detained for treatment for a medically necessary period. Otherwise, he shall be discharged.
D. Except as inconsistent with the provisions of this Section, all other provisions of this Part applicable to persons admitted by emergency certificate shall be applicable to persons admitted pursuant to this Section.
Added by Acts 1981, No. 755, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:53.3. Order for custody; grounds; teleconference; Jefferson Parish

RS 28:53.3 - Order for custody; grounds; teleconference; Jefferson Parish
When a peace officer or other credible person executes a statement made to the best of his knowledge, belief, and personal observations from any law enforcement agency physically located in the city of Kenner or the towns of Jean Lafitte or Grand Isle pursuant to R.S. 28:53.2, the statement may be made by video conference between the peace officer or other credible person and the Jefferson Parish coroner's office. If the affiant is credible, qualified staff of the coroner's office shall complete an order for protective custody form based on information obtained in the video interview and immediately fax the form to the appropriate law enforcement agency. If the statement meets with the affiant's approval, the affiant shall sign the statement. The signature of the affiant shall be witnessed on the video and by a peace officer and immediately faxed to the coroner's office for the coroner's signature. Thereafter, the original signed form shall be sent to the Jefferson Parish coroner's office.
Acts 2013, No. 226, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:53.4. Order for custody; grounds; teleconference; Lafourche Parish

RS 28:53.4 - Order for custody; grounds; teleconference; Lafourche Parish
When a peace officer or other credible person executes a statement made to the best of his knowledge, belief, and personal observations from any law enforcement agency physically located in the city of Thibodaux or the town of Matthews pursuant to R.S. 28:53.2, the statement may be made by video conference between the peace officer or other credible person and the Lafourche Parish coroner's office. If the affiant is credible, qualified staff of the coroner's office shall complete an order for protective custody form based on information obtained in the video interview and immediately fax the form to the appropriate law enforcement agency. If the statement meets with the affiant's approval, the affiant shall sign the statement. The signature of the affiant shall be witnessed on the video and by a peace officer and immediately faxed to the coroner's office for the coroner's signature. Thereafter, the original signed form shall be sent to the Lafourche Parish coroner's office.
Acts 2018, No. 621, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:58. Code of Criminal Procedure Article 641 et seq. not affected

RS 28:58 - Code of Criminal Procedure Article 641 et seq. not affected
Whenever it appears that a person against whom an indictment has been found or information filed in any court in this state is insane or mentally defective to the extent that he is unable to understand the proceedings against him or to assist in his defense, or whenever the existence of insanity or mental defect on the part of the defendant at the time of the alleged commission of the offense charged becomes an issue in the cause, all proceedings to determine the fact of the insanity or mental defect shall be in accordance with the provisions of Code of Criminal Procedure Article 641 et seq.
Acts 2018, No. 206, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:59. Commitment of prisoners

RS 28:59 - Commitment of prisoners
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:62. Commitment to United States veterans and public health service hospitals

RS 28:62 - Commitment to United States veterans and public health service hospitals
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:66. Criteria for civil involuntary outpatient treatment

RS 28:66 - Criteria for civil involuntary outpatient treatment
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:67. Petition to the court

RS 28:67 - Petition to the court
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. 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:68. Petition

RS 28:68 - Petition
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 he is present or reasonably believed to be present in the parish where 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:72. Application for additional periods of treatment

RS 28:72 - Application for additional periods of treatment
A. The court order for outpatient treatment shall expire at the end of the specified period unless a petition for an extension has been filed. If any person or entity authorized within R.S. 28:67 determines that a respondent requires further involuntary outpatient treatment, he shall file a petition for continued treatment prior to the expiration of the involuntary outpatient treatment ordered by the court. If a respondent has been ordered to receive outpatient treatment for four consecutive six-month to one-year periods, the period of any subsequent order may exceed one year but shall not exceed two years.
B. The procedure for obtaining an extension shall be the same as for obtaining the original order. However, the time periods provided in R.S. 28:66(A)(4) shall not be applicable in determining the appropriateness of the extension.
Acts 2008, No. 407, §2; Acts 2015, No. 317, §1; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:73. Application to stay, vacate, or modify

RS 28:73 - Application to stay, vacate, or modify
In addition to any right or remedy available by law, the respondent may apply to the court to stay, vacate, or modify the order based on a change in circumstances and he shall notify the director of the local governing entity or designee of his application.
Acts 2008, No. 407, §2; Acts 2017, No. 369, §2; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:75. Failure to comply with involuntary outpatient treatment

RS 28:75 - Failure to comply with involuntary outpatient treatment
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:91. Transfer to psychiatric hospital

RS 28:91 - Transfer to psychiatric hospital
A. The judge shall designate or shall request the administrator to provide an attendant to transfer the patient to the psychiatric hospital and may authorize the employment of assistants if necessary.
B. Wherever practicable, the patient to be hospitalized shall be permitted to be accompanied by one or more of his friends or relatives.
Amended by Acts 1954, No. 701, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:92. Transfer of patients from military establishments

RS 28:92 - Transfer of patients from military establishments
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:93. Transfer of veterans to United States veterans hospitals

RS 28:93 - Transfer of veterans to United States veterans hospitals
A. Any veteran eligible for treatment in a United States veterans hospital who has been committed to a psychiatric hospital within the state may be transferred to a United States veterans hospital.
B. The transfer shall be by order of the committing court or by order of the director or administrator of the psychiatric hospital in which the veteran is confined or by order of the division if the veteran is on leave.
Amended by Acts 1974, No. 294, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:94. Transfer of patients between psychiatric hospitals

RS 28:94 - Transfer of patients between psychiatric hospitals
A.(1) Except as otherwise provided in this Subsection, the department may transfer any patient from one psychiatric hospital to another if applicable eligibility criteria are met. Moreover, the administrator of a psychiatric hospital may request the department to transfer a patient when he believes that a transfer is necessary.
(2) A patient may be transferred to or from a private psychiatric hospital only upon the joint application of the director or administrator of that hospital and of the legal guardian or the person liable for the support of the patient. However, no private psychiatric hospital shall be obligated to retain a patient because of the refusal to sign the application by the legal guardian or the person liable for support.
(3) A person under sentence or acquitted of a crime on the ground of mental illness or disability shall be transferred only upon authority of the committing court.
(4) A voluntary patient shall be transferred only with his written consent.
B. The following documents, as applicable, shall accompany a patient upon his transfer:
(1) The transfer order of the department.
(2) Certified copies of the application for admission, the physician's certificate, the report of the commission, and the order of the committing court.
(3) All of the patient's clinical records or a full abstract thereof, including the results of medical, physical, and laboratory examinations.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:96. Discharge by the administrator or treating physician

RS 28:96 - Discharge by the administrator or treating physician
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:96.1. Discharge by the director or administrator of a private psychiatric hospital

RS 28:96.1 - Discharge by the director or administrator of a private psychiatric hospital
A. Except as otherwise provided in this Section the director, administrator, or head of a private psychiatric hospital may discharge any patient committed to his hospital only on the certificate of either two physicians, or one physician and one psychologist, medical psychologist, or psychiatric mental health nurse practitioner stating that the patient has sufficiently recovered and that no harm will result from his discharge.
B. A patient committed in accordance with the provisions of Article 648 of the Code of Criminal Procedure shall be discharged only in the manner provided in that Article.
C. A patient committed to a private hospital in accordance with R.S. 28:59 shall be discharged only upon order of the committing court.
D. A patient whose discharge from a private psychiatric hospital is opposed by a legal guardian, relative, or other interested person shall be discharged only after the person opposing has been notified and given an opportunity to state the reasons why the patient should be detained for further care and treatment.
E. A patient committed to a private psychiatric hospital who has shown dangerous tendencies shall be discharged only upon the certificate of either two physicians, or one physician and one psychologist, medical psychologist, or psychiatric mental health nurse practitioner after an examination, and after sufficient guarantee has been provided of proper supervision of the patient by a person who is approved by the court.
F. A patient who has a mental illness and no longer requires treatment may be discharged on the certificate of either two physicians, or one physician and one psychologist, medical psychologist, or psychiatric mental health nurse practitioner and with the approval of the committing court if the commitment was by criminal court order.
Added by Acts 1966, No. 482, §2; Acts 2006, No. 664, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:97. Discharge by the department

RS 28:97 - Discharge by the department
The department may order the examination and the discharge of any patient, except those committed in accordance with R.S. 28:59 and under Title XXI relating to insanity proceedings of the Code of Criminal Procedure, if as a result of the examination it believes that the patient should no longer be detained. When a discharge in accordance with this Section is contemplated, the department shall give notice to the director or administrator and to the person who filed the original petition causing the patient to be committed, in order that they may state their reasons why the patient should be detained for further treatment.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 1987, No. 928, §2, eff. July 20, 1987; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:98.2. Immunity of psychiatric hospital and director or administrator

RS 28:98.2 - Immunity of psychiatric hospital and director or administrator
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:99. Discharge by lapse of time

RS 28:99 - Discharge by lapse of time
Any patient continuously absent from a psychiatric hospital without authorized leave for seventy-two hours is automatically discharged and may be readmitted only according to law. This Section shall not apply to clients committed in accordance with R.S. 28:59 or Code of Criminal Procedure Article 648 or 654.
Amended by Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:100. Leaves of absence for patients

RS 28:100 - Leaves of absence for patients
A. The treating physician may grant to patients leaves of absence for such time and upon such conditions as he prescribes. In granting leave, the director or administrator is subject to the restrictions provided in R.S. 28:96.
B. A patient on leave may be returned at any time by the director, administrator, or the person to whom he has been released.
Amended by Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:101. Boarding out patients

RS 28:101 - Boarding out patients
A. Under conditions indicating rehabilitation possibilities, the director or administrator, with the consent of the department, may permit patients to board out with responsible persons who may be paid for their care of the patients. This Section does not apply to clients committed in accordance with R.S. 28:59.
B. In determining the amount to be paid, the value of any services to be rendered by the patient while boarding shall be considered and should the services of the patient justify, he shall be paid a sum in excess of his board to compensate him for these services.
C. The director or administrator may require the person applying to board a patient to give bond with security for the proper care of the patient.
D. Agents of the state psychiatric hospital shall frequently visit every boarding patient. If it is determined that the patient is not being cared for properly, the director or administrator shall recall him to the state psychiatric hospital with the consent of the department.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:102. State psychiatric hospitals; return of escaped patients

RS 28:102 - State psychiatric hospitals; return of escaped patients
Any escaped patient from a state psychiatric hospital shall be returned at the expense of the state psychiatric hospital from which he left without authorization unless his discharge is granted before his return.
Amended by Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:103. Deportation of nonresident patients

RS 28:103 - Deportation of nonresident patients
A. The department or executive authority of this state may return any nonresident patient to the state or country of which he is a legal resident. Pending the return, the department shall provide necessary temporary care for the patient. He shall be suitably clothed and, if necessary, shall be accompanied by an attendant who shall deliver the patient with due care to the proper officials at the destination. If the patient is able to travel alone, he shall be provided with sufficient funds for sustenance and travel.
B. The department or executive authority of this state may enter into agreements with other states for reciprocity in deporting psychiatric patients.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:104. Importation of nonresident psychiatric patients prohibited

RS 28:104 - Importation of nonresident psychiatric patients prohibited
A. No person or public carrier shall knowingly import a nonresident psychiatric patient into this state for the purpose of having him committed.
B. Any person who violates the provisions of this Section shall be fined one hundred dollars or imprisoned for sixty days, or both, and the patient shall be removed from the state at the expense of the offending person or public carrier.
Amended by Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:105. Extradition of escaped patients

RS 28:105 - Extradition of escaped patients
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:141. Costs of commitment and examination

RS 28:141 - Costs of commitment and examination
A. If financially able, the patient or his legal guardian shall pay the costs of commitment, including examination fees, expenses incurred in calling witnesses, fees of counsel for the patient, and fees of the commission, otherwise the parish of domicile in the case of a resident or the department in the case of a nonresident shall pay these costs.
B. Fees for services rendered by coroners or other experts in the commitment of patients shall be in accordance with the provisions contained in Article 659 of the Code of Criminal Procedure and the special laws relating to the fees of coroners and assisting physicians in interdiction proceedings. Except for emergency commitments which do not result in court commitment and voluntary admissions, the coroner of the parish of domicile shall receive the usual fee allowed in a formal commitment for all types of commitment under this Chapter, even though he does not act personally in the commitment proceeding.
Amended by Acts 1974, No. 294, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:142. Costs of transportation

RS 28:142 - Costs of transportation
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:143. Costs of maintenance and daily care

RS 28:143 - Costs of maintenance and daily care
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:144. Investigation and assessment of charges

RS 28:144 - Investigation and assessment of charges
The department shall develop procedures to determine the ability of a patient or his legal guardian to pay all or a part of the costs of the patient's care and shall adopt a policy including rules and regulations for the assessment of charges in accordance with the ability to pay.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:145. Costs of transfer

RS 28:145 - Costs of transfer
The person requesting the transfer shall pay the costs of transferring a patient between hospitals. The department shall pay the costs of transfers made at its request.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:146. Expenses incident to discharge, removal, or funeral

RS 28:146 - Expenses incident to discharge, removal, or funeral
A. If financially able, the patient or his legal guardian shall pay the costs of the patient's funeral or his discharge and removal, including traveling expenses to his home; otherwise the state psychiatric hospital shall pay these costs. If discharge is ordered by the department and the state psychiatric hospital pays the patient's traveling expenses to his home, the department shall reimburse the state psychiatric hospital out of appropriations for persons who are indigent and have a mental illness.
B. If a patient committed in accordance with R.S. 28:59 is ordered returned by the court, the parish in which the court is located shall pay these costs.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:147. Method of collection

RS 28:147 - Method of collection
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:148. Expenses of deportation

RS 28:148 - Expenses of deportation
Expenses for deporting a nonresident patient shall be paid by the department out of appropriations for persons who are indigent and have a mental illness.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2014, No. 811, §14, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:171.1. Principles for the behavioral health system

RS 28:171.1 - Principles for the behavioral health system
The department and any entity which receives funding through a state contract to provide services to persons with needs relating to behavioral health, as defined in R.S. 28:2, shall provide, to the maximum extent possible, behavioral health treatment, services, and supports which are consistent with the following principles:
(1) Treatment, services, and supports assist in enabling people to exercise self-determination in their lives.
(2) Treatment, services, and supports assist in enabling people to achieve their maximum potential through increased independence, productivity, and inclusion in their communities.
(3) Personal outcomes and goals are considered in the development of individualized supports for each person.
(4) The community where the person chooses to live and work is an appropriate place to provide treatment, supports, and services.
(5) Persons with behavioral health needs are generally best able to determine their own needs, rather than their needs being determined by others.
(6) For children with behavioral health needs, the needs of the entire family should be considered in the development of family supports.
(7) Family supports may enable children to live in stable family environments with enduring relationships with one or more adults regardless of the severity of the behavioral health needs of the child or the degree of support necessary.
(8) Children and young adults with behavioral health needs receive and participate in an appropriate education which enables them to have increased opportunities for well being, development, and inclusion in their communities.
(9) Existing natural supports and community resources are promoted and utilized.
Acts 2012, No. 418, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:172. Deposit of patients' funds; disbursement

RS 28:172 - Deposit of patients' funds; disbursement
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:181. Improper commitment

RS 28:181 - Improper commitment
Any person who, alone or in conspiracy with others, unlawfully, willfully, maliciously, and without reasonable cause, commits or attempts to commit any person not suffering from mental illness or a substance-related or addictive disorder to the extent that he requires care shall be fined not more than one thousand dollars, imprisoned for not more than one year, or both.
Amended by Acts 1954, No. 701, §1; Acts 2017, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:184. Furnishing intoxicants

RS 28:184 - Furnishing intoxicants
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:185. Unlicensed counseling

RS 28:185 - Unlicensed counseling
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:200. Promotion of a community-based system of care

RS 28:200 - Promotion of a community-based system of care
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:201. Transfer of administration

RS 28:201 - Transfer of administration
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:202. Lease of land, buildings, and equipment

RS 28:202 - Lease of land, buildings, and equipment
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:203. Standards of operation and maintenance; enforcement; entry and inspection

RS 28:203 - Standards of operation and maintenance; enforcement; entry and inspection
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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:204. Contracts

RS 28:204 - Contracts
The department may contract with local voluntary associations, nonprofit corporations, police juries, school boards, municipalities, or other public agencies providing for the administration of such centers by the contracting local authority out of any funds, including local, state, and federal funds or a combination thereof made available for the operation and maintenance of community behavioral health and developmental disabilities centers which have accepted allocation of funds as herein provided. The allocation of funds as herein authorized shall not have the effect of making the employees or officials of a community behavioral health or developmental disabilities center state employees or state officials. Such persons shall be employees or officials of the local governing authority or private corporation or association and the state shall not be held responsible by any court for the negligent act of any such persons. The department may stipulate in any such contract that it reserves the right to consult with local authorities relative to program, management, personnel, and facilities of a community behavioral health or developmental disabilities center.
Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2014, No. 811, §14, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:205. Allocation of funds

RS 28:205 - Allocation of funds
The department shall have final authority in determining the percentage not to exceed seventy-five percent of state and federal funds or either that may be allotted to any community behavioral health center as contemplated by R.S. 28:204 but the allocation may be cancelled at any time the department finds a community behavioral health or developmental disabilities center is violating any of the standards of operation and maintenance adopted under the provisions of R.S. 28:203.
Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2014, No. 811, §14, eff. June 23, 2014.