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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
and to enact Children's Code Article 1404(23) and (24), relative to the emergency3
certificate admission procedure; to provide for definitions; to authorize a psychiatric4
mental health nurse practitioner or psychologist to execute an emergency certificate5
under certain circumstances; to require the inclusion of the date that an examination6
was conducted by a psychiatric mental health nurse practitioner or psychologist on7
the emergency certificate; to require the director of a treatment facility to provide the8
parish coroner with the name of the psychiatric mental health nurse practitioner or9
psychologist that executed an emergency certificate for a minor's admission to10
treatment; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. Children's Code Articles 1421, 1422(A)(1) and (2), and 1423(A)(2) are13
hereby amended and reenacted and Children's Code Article 1404(23) and (24) are hereby14
enacted to read as follows: 15
Art. 1404. Definitions16
As used in this Title17
* * *18
(23)(a) "Psychiatric mental health nurse practitioner" means an advanced19
practice registered nurse licensed to practice as a nurse practitioner or clinical nurse20 HLS 12RS-786 ENGROSSED
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specialist by the Louisiana State Board of Nursing, in accordance with the provisions1
of R.S. 37:911 et seq., who focuses clinical practice on individuals, families, or2
populations across the life span at risk for developing or having a diagnosis of3
psychiatric disorders, mental health problems, or both. A psychiatric mental health4
nurse practitioner means a specialist who provides primary mental health care to5
patients seeking mental health services in a wide range of settings. Primary mental6
health care provided by a psychiatric mental health nurse practitioner involves the7
continuous and comprehensive services necessary for the promotion of optimal8
mental health, prevention and treatment of psychiatric disorders, and health9
maintenance. Such primary health care includes the assessment, diagnosis, and10
management of mental health problems and psychiatric disorders. A psychiatric11
mental health nurse practitioner means a provider of direct mental health care12
services who synthesizes theoretical, scientific, and clinical knowledge for the13
assessment and management of both health and illness states and who is licensed to14
practice as a nurse practitioner in Louisiana, in accordance with R.S. 37:911 et seq.15
(b) For purposes of this Title, a psychiatric mental health nurse practitioner16
shall have at least two years training, primary experience, or both, in diagnosis and17
treatment of mental illness. For purposes of this Title, a psychiatric mental health18
nurse practitioner shall also have authority from the Louisiana State Board of19
Nursing to prescribe legend and certain controlled drugs, in accordance with the20
provisions of R.S. 37:913(3)(b), (8), and (9).21
(24) "Psychologist" means an individual licensed to practice psychology in22
Louisiana in accordance with R.S. 37:2351 et seq., or licensed to practice medical23
psychology in Louisiana in accordance with R.S. 37:1360.51 et seq., and who has24
been engaged in the practice of a clinical specialty for not less than three years.25
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Art. 1421. Examination required1
Any physician, psychiatric mental health nurse practitioner, or psychologist2
may execute an emergency certificate only after an actual examination of a minor3
alleged to be mentally ill or suffering from substance abuse who is determined to be4
in need of immediate medical treatment in a treatment facility because the examining5
physician, psychiatric mental health nurse practitioner, or psychologist determines6
him to be dangerous to himself or others or to be gravely disabled. Failure to7
conduct an examination prior to the execution of the certificate will be evidence of8
gross negligence.9
Art. 1422. Certificate; contents10
A. The emergency certificate shall state all of the following:11
(1) The date of the physician's examination of the physician, psychiatric12
mental health nurse practitioner, or psychologist examined the minor, which shall not13
be more than seventy-two hours prior to the date of the signature of the certificate.14
(2) The objective findings of the physician , psychiatric mental health nurse15
practitioner, or psychologist relative to the physical and mental condition of the16
minor, leading to the conclusion that he is dangerous to himself or others or is17
gravely disabled as a result of substance abuse or mental illness.18
* * *19
Art. 1423. Coroner; notice; independent examination; discharge20
A. Upon admission of any minor by emergency certificate to a treatment21
facility, it shall be the duty of the director of the treatment facility immediately to22
notify the coroner of the parish in which the treatment facility is located of the23
admission, giving the following information if known:24
* * *25
(2) Name of certifying physician , psychiatric mental health nurse26
practitioner, or psychologist.27
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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.
Proposed law (Ch.C. Art. 1404(23) and (24)) defines "psychiatric mental health nurse
practitioner" as meaning advanced practice registered nurse licensed to practice as a nurse
practitioner or clinical nurse specialist by the La. State Board of Nursing, in accordance with
the provisions of state law, who focuses clinical practice on individuals, families, or
populations across the life span at risk for developing or having a diagnosis of psychiatric
disorders, mental health problems, or both. Provides that a psychiatric mental health nurse
practitioner means a specialist who provides primary mental health care to patients seeking
mental health services in a wide range of settings. Primary mental health care provided by
a psychiatric mental health nurse practitioner involves the continuous and comprehensive
services necessary for the promotion of optimal mental health, prevention and treatment of
psychiatric disorders, and health maintenance. Provides that such primary health care
includes the assessment, diagnosis, and management of mental health problems and
psychiatric disorders. Further, provides that a psychiatric mental health nurse practitioner
means a provider of direct mental health care services who synthesizes theoretical, scientific,
and clinical knowledge for the assessment and management of both health and illness states
and who is licensed to practice as a nurse practitioner in La., in accordance with state law.
Specifies that for purposes of state law, a psychiatric mental health nurse practitioner shall
have at least two years training, primary experience, or both, in diagnosis and treatment of
mental illness. Also, specifies that for purposes of state law, a psychiatric mental health
nurse practitioner must also have authority from the La. State Board of Nursing to prescribe
legend and certain controlled drugs, in accordance with the provisions of state law. Also,
proposed law defines "psychologist" as meaning an individual licensed to practice
psychology in La. in accordance with state law or licensed to practice medical psychology
in La. in accordance with state law and who has been engaged in the practice of a clinical
specialty for not less than three years.
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. HLS 12RS-786 ENGROSSED
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(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); Adds Ch.C.Art. 1404(23)
and (24))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Added definitions of the terms "psychiatric mental health nurse practitioner" and
"psychologist" to proposed law.
2. Made technical changes.