HLS 12RS-1253 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 846
BY REPRESENTATIVE SIMON
MENTAL HEALTH: Establishes principles for the state mental health system
AN ACT1
To amend and reenact R.S. 28:2(14), (17), and (29)(a)(introductory paragraph), 52(A) and2
(C), 52.1(A), 52.2(A), 52.3(A), 53(A)(1), 55(J), 64(D), and 772(E) and to enact R.S.3
28:171.1, relative to mental health law; to provide for definitions; to establish4
principles for the state mental health system; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 28:2(14), (17), and (29)(a)(introductory paragraph), 52(A) and (C),7
52.1(A), 52.2(A), 52.3(A), 53(A)(1), 55(J), 64(D), and 772(E) are hereby amended and8
reenacted and R.S. 28:171.1 is hereby enacted to read as follows: 9
§2. Definitions10
Whenever used in this Title, the masculine shall include the feminine, the11
singular shall include the plural, and the following definitions shall apply:12
* * *13
(14) "Mentally ill person" "Person who is mentally ill" means any person14
with a psychiatric disorder which has substantial adverse effects on his ability to15
function and who requires care and treatment. It does not refer to a person suffering16
solely from mental retardation, epilepsy, alcoholism, or drug abuse.17
* * *18
(17) "Patient" means any person detained and taken care of as a person who19
is mentally ill person or person suffering from substance abuse.20
* * *21 HLS 12RS-1253 ORIGINAL
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(29)(a) "Treatment facility" means any public or private hospital, retreat,1
institution, mental health center, or facility licensed by the state in which any person2
who is mentally ill person or person suffering from substance abuse is received or3
detained as a patient. The term includes Veterans Administration and public health4
hospitals and forensic facilities. "Treatment facility" includes but is not limited to5
the following, and shall be selected with consideration of first, medical suitability;6
second, least restriction of the person's liberty; third, nearness to the patient's usual7
residence; and fourth, financial or other status of the patient, except that such8
considerations shall not apply to forensic facilities:9
* * *10
§52. Voluntary admissions; general provisions11
A. Any person who is mentally ill person or person suffering from substance12
abuse may apply for voluntary admission to a treatment facility. The admitting13
physician may admit the person on either a formal or informal basis, as hereinafter14
provided.15
* * *16
C. No director of a treatment facility shall prohibit any person who is17
mentally ill person or person suffering from substance abuse from applying for18
conversion of involuntary or emergency admission status to voluntary admission19
status. Any patient on an involuntary admission status shall have the right to apply20
for a writ of habeas corpus in order to have his admission status changed to voluntary21
status.22
* * *23
§52.1. Informal voluntary admission24
A. In the discretion of the director, any person who is mentally ill person or25
person suffering from substance abuse desiring admission to a treatment facility for26
diagnosis or treatment of a psychiatric disorder or substance abuse may be admitted27
upon the patient's request without a formal application.28
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§52.2. Formal voluntary admission1
A. Any person who is mentally ill person or person suffering from substance2
abuse desiring admission to a treatment facility for diagnosis and/or treatment of a3
psychiatric disorder or substance abuse and who is deemed suitable for formal4
voluntary admission by the admitting physician may be so admitted upon his written5
request.6
* * *7
§52.3. Noncontested admission 8
A. A person who is mentally ill person or person suffering from substance9
abuse who does not have the capacity to make a knowing and voluntary consent to10
a voluntary admission status and who does not object to his admission to a treatment11
facility may be admitted to a treatment facility as a noncontested admission. Such12
person shall be subject to the same rules and regulations as a person admitted on a13
voluntary admission status and his treatment shall be governed by the provisions of14
R.S. 28:52H R.S. 28:52(H).15
* * *16
§53. Admission by emergency certificate; extension17
A.(1) A person who is mentally ill person or a person suffering from18
substance abuse may be admitted and detained at a treatment facility for observation,19
diagnosis, and treatment for a period not to exceed fifteen days under an emergency20
certificate.21
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§55. Judicial hearings23
* * *24
J. No director of a treatment facility shall prohibit any person who is25
mentally ill person or person suffering from substance abuse from applying for26
conversion of involuntary or emergency admission status to voluntary admission27 HLS 12RS-1253 ORIGINAL
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status. Any patient on an involuntary admission status shall have the right to apply1
for a writ of habeas corpus to have his admission status changed to voluntary status.2
* * *3
§64. Mental Health Advocacy Service; creation; board of trustees; organization;4
powers; duties 5
* * *6
D.(1) Any attorney representing a person who is mentally ill person or a7
respondent as defined herein shall have ready access to view and copy all mental8
health and developmental disability records pertaining to his client, unless the client9
objects. If the patient or respondent later retains a private attorney to represent him,10
the mental health advocacy service shall destroy all copies of records pertaining to11
his case. 12
(2) Any attorney representing a person who is mentally ill person or a13
respondent as defined herein shall have the opportunity to consult with his client14
whenever necessary in the performance of his duties. A treatment facility shall15
provide adequate space and privacy for the purpose of attorney-client consultation.16
* * *17
§171.1. Principles for the mental health system18
The department shall provide, to the maximum extent possible, mental health19
treatment, services, and supports which are consistent with the following principles:20
(1) Treatment, services, and supports assist in enabling people to exercise21
self-determination in their lives.22
(2) Treatment, services, and supports assist in enabling people to achieve23
their maximum potential through increased independence, productivity, and24
inclusion in their communities.25
(3) Personal outcomes and goals are considered in the development of26
individualized supports for each person.27
(4) The community where the person chooses to live and work is an28
appropriate place to provide treatment, supports, and services.29 HLS 12RS-1253 ORIGINAL
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(5) Persons with mental illness are generally best able to determine their own1
needs, rather than their needs being determined by others.2
(6) For children with mental illness, the needs of the entire family should be3
considered in the development of family supports.4
(7) Family supports may enable children to live in stable family5
environments with enduring relationships with one or more adults regardless of the6
severity of the mental illness of the child or the degree of support necessary.7
(8) Children and young adults with mental illness receive and participate in8
an appropriate education which enables them to have increased opportunities for well9
being, development, and inclusion in their communities.10
(9) Existing natural supports and community resources are promoted and11
utilized.12
* * *13
§772. Funding of regional addictive disorder services14
* * *15
E. The secretary or assistant secretary of the department shall submit an16
annual report to each member of the legislature listing the contractors and the17
amounts such contractors received for the provision of regional addictive disorder18
services and services provided through grants which were received through19
application by the department or a regional office of the department.20
* * *21
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)]
Simon HB No. 846
Abstract: Establishes principles for the state mental health system.
Proposed law amends provisions of present law to change the term "mentally ill person" to
"person who is mentally ill".
Proposed law provides codified principles for the state mental health system which include
the following: HLS 12RS-1253 ORIGINAL
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are additions.
(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 mental illness are generally best able to determine their own needs,
rather than their needs being determined by others.
(6)For children with mental illness, 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
mental illness of the child or the degree of support necessary.
(8)Children and young adults with mental illness 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.
(Amends R.S. 28:2(14), (17), and (29)(a)(intro. para.), 52(A) and (C), 52.1(A), 52.2(A),
52.3(A), 53(A)(1), 55(J), 64(D), and 772(E); Adds R.S. 28:171.1)