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Regular Session, 2012
HOUSE BILL NO. 846
BY REPRESENTATIVES SIMON, BADON, BERTHELOT, BILLIOT, WESLEY
BISHOP, BROWN, HENRY BURNS, COX, DOVE, GAROFALO, GISCLAIR,
HARRIS, HOFFMANN, HOWARD, JAMES, JEFFERSON, LEGER, LIGI,
MORENO, POPE, REYNOLDS, RICHARD, RICHARDSON, SHADOIN, AND
THOMPSON
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
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(17) "Patient" means any person detained and taken care of as a person who1
is mentally ill person or person who is suffering from substance abuse.2
* * *3
(29)(a) "Treatment facility" means any public or private hospital, retreat,4
institution, mental health center, or facility licensed by the state in which any person5
who is mentally ill person or person who is suffering from substance abuse is6
received or detained as a patient. The term includes Veterans Administration and7
public health hospitals and forensic facilities. "Treatment facility" includes but is not8
limited to the following, and shall be selected with consideration of first, medical9
suitability; second, least restriction of the person's liberty; third, nearness to the10
patient's usual residence; and fourth, financial or other status of the patient, except11
that such considerations shall not apply to forensic facilities:12
* * *13
§52. Voluntary admissions; general provisions14
A. Any person who is mentally ill person or person who is suffering from15
substance abuse may apply for voluntary admission to a treatment facility. The16
admitting physician may admit the person on either a formal or informal basis, as17
hereinafter provided.18
* * *19
C. No director of a treatment facility shall prohibit any person who is20
mentally ill person or person who is suffering from substance abuse from applying21
for conversion of involuntary or emergency admission status to voluntary admission22
status. Any patient on an involuntary admission status shall have the right to apply23
for a writ of habeas corpus in order to have his admission status changed to voluntary24
status.25
* * *26
§52.1. Informal voluntary admission27
A. In the discretion of the director, any person who is mentally ill person or28
person who is suffering from substance abuse desiring admission to a treatment29 HLS 12RS-1253 REENGROSSED
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facility for diagnosis or treatment of a psychiatric disorder or substance abuse may1
be admitted upon the patient's request without a formal application.2
* * *3
§52.2. Formal voluntary admission4
A. Any person who is mentally ill person or person who is suffering from5
substance abuse desiring admission to a treatment facility for diagnosis and/or6
treatment of a psychiatric disorder or substance abuse and who is deemed suitable7
for formal voluntary admission by the admitting physician may be so admitted upon8
his written request.9
* * *10
§52.3. Noncontested admission 11
A. A person who is mentally ill person or person who is suffering from12
substance abuse who does not have the capacity to make a knowing and voluntary13
consent to a voluntary admission status and who does not object to his admission to14
a treatment facility may be admitted to a treatment facility as a noncontested15
admission. Such person shall be subject to the same rules and regulations as a person16
admitted on a voluntary admission status and his treatment shall be governed by the17
provisions of R.S. 28:52H R.S. 28:52(H).18
* * *19
§53. Admission by emergency certificate; extension20
A.(1) A person who is mentally ill person or a person who is suffering from21
substance abuse may be admitted and detained at a treatment facility for observation,22
diagnosis, and treatment for a period not to exceed fifteen days under an emergency23
certificate.24
* * *25
§55. Judicial hearings26
* * *27
J. No director of a treatment facility shall prohibit any person who is28
mentally ill person or person who is suffering from substance abuse from applying29 HLS 12RS-1253 REENGROSSED
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for conversion of involuntary or emergency admission status to voluntary admission1
status. Any patient on an involuntary admission status shall have the right to apply2
for a writ of habeas corpus to have his admission status changed to voluntary status.3
* * *4
§64. Mental Health Advocacy Service; creation; board of trustees; organization;5
powers; duties 6
* * *7
D.(1) Any attorney representing a person who is mentally ill person or a8
respondent as defined herein shall have ready access to view and copy all mental9
health and developmental disability records pertaining to his client, unless the client10
objects. If the patient or respondent later retains a private attorney to represent him,11
the mental health advocacy service shall destroy all copies of records pertaining to12
his case. 13
(2) Any attorney representing a person who is mentally ill person or a14
respondent as defined herein shall have the opportunity to consult with his client15
whenever necessary in the performance of his duties. A treatment facility shall16
provide adequate space and privacy for the purpose of attorney-client consultation.17
* * *18
§171.1. Principles for the mental health system19
The department and any entity which receives funding through a state20
contract to provide services to persons who are mentally ill shall provide, to the21
maximum extent possible, mental health treatment, services, and supports which are22
consistent with the following principles:23
(1) Treatment, services, and supports assist in enabling people to exercise24
self-determination in their lives.25
(2) Treatment, services, and supports assist in enabling people to achieve26
their maximum potential through increased independence, productivity, and27
inclusion in their communities.28 HLS 12RS-1253 REENGROSSED
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(3) Personal outcomes and goals are considered in the development of1
individualized supports for each person.2
(4) The community where the person chooses to live and work is an3
appropriate place to provide treatment, supports, and services.4
(5) Persons with mental illness are generally best able to determine their own5
needs, rather than their needs being determined by others.6
(6) For children with mental illness, the needs of the entire family should be7
considered in the development of family supports.8
(7) Family supports may enable children to live in stable family9
environments with enduring relationships with one or more adults regardless of the10
severity of the mental illness of the child or the degree of support necessary.11
(8) Children and young adults with mental illness receive and participate in12
an appropriate education which enables them to have increased opportunities for well13
being, development, and inclusion in their communities.14
(9) Existing natural supports and community resources are promoted and15
utilized.16
* * *17
§772. Funding of regional addictive disorder services18
* * *19
E. The secretary or assistant secretary of the department shall submit an20
annual report to each member of the legislature listing the contractors and the21
amounts such contractors received for the provision of regional addictive disorder22
services and services provided through grants which were received through23
application by the department or a regional office of the department.24
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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)]
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 that the Dept. of Health and Hospitals and any entity which receives
funding through a state contract to provide services to persons who are mentally ill shall
provide, to the maximum extent possible, mental health treatment, services, and supports
which are consistent with the following principles:
(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)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Provided that in addition to the Dept. of Health and Hospitals, any entity which
receives funding through a state contract to provide services to persons who are HLS 12RS-1253 REENGROSSED
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mentally ill shall do so in a manner which is consistent with the principles for the
mental health system established in proposed law.
2. Made technical changes.