HLS 12RS-786 REENGROSSED
Page 1 of 4
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
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 family4
psychiatric mental health nurse practitioner or psychologist to execute an emergency5
certificate under certain circumstances; to require the inclusion of the date that an6
examination was conducted by a family psychiatric mental health nurse practitioner7
or psychologist on the emergency certificate; to require the director of a treatment8
facility to provide the parish coroner with the name of the family psychiatric mental9
health nurse practitioner or psychologist that executed an emergency certificate for10
a minor's admission to 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) "Family psychiatric mental health nurse practitioner" shall maintain the19
credentials as such and meet the requirements of a "psychiatric mental health nurse20 HLS 12RS-786 REENGROSSED
HB NO. 326
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
practitioner" as provided in R.S. 28:2(21.2). Further, a family psychiatric mental1
health nurse practitioner shall have been engaged in clinical practice for not less than2
three years.3
(24) "Psychologist" means an individual licensed to practice psychology in4
Louisiana in accordance with R.S. 37:2351 et seq., or licensed to practice medical5
psychology in Louisiana in accordance with R.S. 37:1360.51 et seq., and who has6
been engaged in the practice of a clinical specialty for not less than three years.7
* * *8
Art. 1421. Examination required9
Any physician, family psychiatric mental health nurse practitioner, or10
psychologist may execute an emergency certificate only after an actual examination11
of a minor alleged to be mentally ill or suffering from substance abuse who is12
determined to be in need of immediate medical treatment in a treatment facility13
because the examining physician, family psychiatric mental health nurse practitioner,14
or psychologist determines him to be dangerous to himself or others or to be gravely15
disabled. Failure to conduct an examination prior to the execution of the certificate16
will be evidence of gross negligence.17
Art. 1422. Certificate; contents18
A. The emergency certificate shall state all of the following:19
(1) The date of the physician's examination of the physician, family20
psychiatric mental health nurse practitioner, or psychologist examined the minor,21
which shall not be more than seventy-two hours prior to the date of the signature of22
the certificate.23
(2) The objective findings of the physician , family psychiatric mental health24
nurse practitioner, or psychologist relative to the physical and mental condition of25
the minor, leading to the conclusion that he is dangerous to himself or others or is26
gravely disabled as a result of substance abuse or mental illness.27
* * *28 HLS 12RS-786 REENGROSSED
HB NO. 326
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Art. 1423. Coroner; notice; independent examination; discharge1
A. Upon admission of any minor by emergency certificate to a treatment2
facility, it shall be the duty of the director of the treatment facility immediately to3
notify the coroner of the parish in which the treatment facility is located of the4
admission, giving the following information if known:5
* * *6
(2) Name of certifying physician , family psychiatric mental health nurse7
practitioner, or psychologist.8
* * *9
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 family 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 "family psychiatric mental health nurse
practitioner" as meaning a nurse that must maintain specified credentials and meet the
requirements of a "psychiatric mental health nurse practitioner" as provided in state law.
Further, requires that a family psychiatric mental health nurse practitioner have been
engaged in clinical practice for not less than three years. 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 family 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 REENGROSSED
HB NO. 326
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(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 family 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 family 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.
House Floor Amendments to the engrossed bill.
1. Added a provision which requires a "family psychiatric mental health nurse
practitioner" to maintain the credentials as such and meet the requirements of a
"psychiatric mental health nurse practitioner" as provided in R.S. 28:2(21.2).
2. Added a provision that requires that a family psychiatric mental health nurse
practitioner have been engaged in clinical practice for not less than three years.
3. Specified that the examination, certificate, and notification requirements in
present law are applicable to family psychiatric mental health nurse practitioners
and grants authorization to execute emergency certificates.