HLS 12RS-786 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 326
BY REPRESENTATIVE WILLMOTT
MENTAL HEALTH: Authorizes certain health professionals to execute an emergency
certificate for admission to a treatment facility of a minor suffering from mental
illness or substance abuse
AN ACT1
To amend and reenact Children's Code Articles 1421, 1422(A)(1) and (2), and 1423(A)(2),2
relative to the emergency certificate admission procedure; to authorize a psychiatric3
mental health nurse practitioner or psychologist to execute an emergency certificate4
under certain circumstances; to require the inclusion of the date that an examination5
was conducted by a psychiatric mental health nurse practitioner or psychologist on6
the emergency certificate; to require the director of a treatment facility to provide the7
parish coroner with the name of the psychiatric mental health nurse practitioner or8
psychologist that executed an emergency certificate for a minor's admission to9
treatment; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. Children's Code Articles 1421, 1422(A)(1) and (2), and 1423(A)(2) are12
hereby amended and reenacted to read as follows: 13
Art. 1421. Examination required14
Any physician, psychiatric mental health nurse practitioner, or psychologist15
may execute an emergency certificate only after an actual examination of a minor16
alleged to be mentally ill or suffering from substance abuse who is determined to be17
in need of immediate medical treatment in a treatment facility because the examining18
physician, psychiatric mental health nurse practitioner, or psychologist determines19 HLS 12RS-786 ORIGINAL
HB NO. 326
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CODING: Words in struck through type are deletions from existing law; words underscored
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him to be dangerous to himself or others or to be gravely disabled. Failure to1
conduct an examination prior to the execution of the certificate will be evidence of2
gross negligence.3
Art. 1422. Certificate; contents4
A. The emergency certificate shall state all of the following:5
(1) The date of the physician's examination of the physician, psychiatric6
mental health nurse practitioner, or psychologist examined the minor, which shall not7
be more than seventy-two hours prior to the date of the signature of the certificate.8
(2) The objective findings of the physician , psychiatric mental health nurse9
practitioner, or psychologist relative to the physical and mental condition of the10
minor, leading to the conclusion that he is dangerous to himself or others or is11
gravely disabled as a result of substance abuse or mental illness.12
* * *13
Art. 1423. Coroner; notice; independent examination; discharge14
A. Upon admission of any minor by emergency certificate to a treatment15
facility, it shall be the duty of the director of the treatment facility immediately to16
notify the coroner of the parish in which the treatment facility is located of the17
admission, giving the following information if known:18
* * *19
(2) Name of certifying physician , psychiatric mental health nurse20
practitioner, or psychologist.21
* * *22
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Willmott HB No. 326
Abstract: Authorizes a psychiatric mental health nurse practitioner or psychologist to
execute an emergency certificate for admission to a treatment facility of a minor
suffering from mental illness or substance abuse. HLS 12RS-786 ORIGINAL
HB NO. 326
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law (Ch.C. Art. 1421) authorizes any physician to execute an emergency certificate
only after an actual examination of a minor alleged to be mentally ill or suffering from
substance abuse who is determined to be in need of immediate medical treatment in a
treatment facility because the examining physician determines him to be dangerous to
himself or others or to be gravely disabled. Further provides that the failure to conduct an
examination prior to the execution of the certificate constitutes evidence of gross negligence.
Proposed law adds authorization for a psychiatric mental health nurse practitioner or
psychologist to execute an emergency certificate after examination of the minor and a
determination that such minor is a danger to himself or others.
Present law (Ch.C. Art. 1422(A)(1) and (2)) in pertinent part, requires that an emergency
certificate state the following:
(1) The date of the physician's examination of the minor, which must not be more than
72 hours prior to the date of the signature of the certificate.
(2) The objective findings of the physician relative to the physical and mental condition
of the minor, leading to the conclusion that he is dangerous to himself or others or
is gravely disabled as a result of substance abuse or mental illness.
Proposed law modifies present law by specifying that the date a psychiatric mental health
nurse practitioner or psychologist examined the minor must also be included in an
emergency certificate.
Present law (Ch.C. Art. 1423(A)(2)) provides that whenever a minor is admitted to a
treatment facility by emergency certificate, the director of the treatment facility must
immediately notify the coroner of the parish in which the treatment facility is located of the
admission and provide the name of the certifying physician.
Proposed law adds a requirement that if a psychiatric mental health nurse practitioner or
psychologist executes the emergency certificate for a minor's admission to a treatment
facility the director of such facility must provide the name of that health professional to the
parish coroner.
(Amends Ch.C. Arts. 1421, 1422(A)(1) and (2), and 1423(A)(2))