ENROLLED
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ACT No. 489
Regular Session, 2012
HOUSE BILL NO. 326
BY REPRESENTATIVE WILLMOTT
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 Title:17
* * *18
(23) "Family psychiatric mental health nurse practitioner" means an19
individual who maintains the credentials as such and meets the requirements of a20
"psychiatric mental health nurse practitioner" as provided in R.S. 28:2(21.2).21
Further, a family psychiatric mental health nurse practitioner shall have been22
engaged in clinical practice for not less than three years.23
(24) "Psychologist" means an individual licensed to practice psychology in24
Louisiana in accordance with R.S. 37:2351 et seq., or licensed to practice medical25 ENROLLEDHB NO. 326
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psychology in Louisiana in accordance with R.S. 37:1360.51 et seq., and who has1
been engaged in the practice of a clinical specialty for not less than three years.2
* * *3
Art. 1421. Examination required4
Any physician, family psychiatric mental health nurse practitioner, or5
psychologist may execute an emergency certificate only after an actual examination6
of a minor alleged to be mentally ill or suffering from substance abuse who is7
determined to be in need of immediate medical treatment in a treatment facility8
because the examining physician, family psychiatric mental health nurse practitioner,9
or psychologist determines him to be dangerous to himself or others or to be gravely10
disabled. Failure to conduct an examination prior to the execution of the certificate11
will be evidence of gross negligence.12
Art. 1422. Certificate; contents13
A. The emergency certificate shall state all of the following:14
(1) The date of the physician's examination of the physician, family15
psychiatric mental health nurse practitioner, or psychologist examined the minor,16
which shall not be more than seventy-two hours prior to the date of the signature of17
the certificate.18
(2) The objective findings of the physician , family psychiatric mental health19
nurse practitioner, or psychologist relative to the physical and mental condition of20
the minor, leading to the conclusion that he is dangerous to himself or others or is21
gravely disabled as a result of substance abuse or mental illness.22
* * *23
Art. 1423. Coroner; notice; independent examination; discharge24
A. Upon admission of any minor by emergency certificate to a treatment25
facility, it shall be the duty of the director of the treatment facility immediately to26
notify the coroner of the parish in which the treatment facility is located of the27
admission, giving the following information if known:28
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(2) Name of certifying physician , family psychiatric mental health nurse1
practitioner, or psychologist.2
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: