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ACT No. 418
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, LI GI,
MORENO, POPE, REYNOLDS, RICHARD, RICHARDSON, SHADOIN, AND
THOMPSON
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 who is suffering from substance abuse.20
* * *21 ENROLLEDHB NO. 846
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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 who is suffering from substance abuse is3
received or detained as a patient. The term includes Veterans Administration and4
public health hospitals and forensic facilities. "Treatment facility" includes but is not5
limited to the following, and shall be selected with consideration of first, medical6
suitability; second, least restriction of the person's liberty; third, nearness to the7
patient's usual residence; and fourth, financial or other status of the patient, except8
that such considerations shall not apply to forensic facilities:9
* * *10
§52. Voluntary admissions; general provisions11
A. Any person who is mentally ill person or person who is suffering from12
substance abuse may apply for voluntary admission to a treatment facility. The13
admitting physician may admit the person on either a formal or informal basis, as14
hereinafter provided.15
* * *16
C. No director of a treatment facility shall prohibit any person who is17
mentally ill person or person who is suffering from substance abuse from applying18
for 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 who is suffering from substance abuse desiring admission to a treatment26
facility for diagnosis or treatment of a psychiatric disorder or substance abuse may27
be admitted upon the patient's request without a formal application.28
* * *29 ENROLLEDHB NO. 846
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§52.2. Formal voluntary admission1
A. Any person who is mentally ill person or person who is suffering from2
substance abuse desiring admission to a treatment facility for diagnosis and/or3
treatment of a psychiatric disorder or substance abuse and who is deemed suitable4
for formal voluntary admission by the admitting physician may be so admitted upon5
his written request.6
* * *7
§52.3. Noncontested admission 8
A. A person who is mentally ill person or person who is suffering from9
substance abuse who does not have the capacity to make a knowing and voluntary10
consent to a voluntary admission status and who does not object to his admission to11
a treatment facility may be admitted to a treatment facility as a noncontested12
admission. Such person shall be subject to the same rules and regulations as a person13
admitted on a voluntary admission status and his treatment shall be governed by the14
provisions of 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 who is 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
* * *22
§55. Judicial hearings23
* * *24
J. No director of a treatment facility shall prohibit any person who is25
mentally ill person or person who is suffering from substance abuse from applying26
for conversion of involuntary or emergency admission status to voluntary admission27 ENROLLEDHB NO. 846
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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 and any entity which receives funding through a state19
contract to provide services to persons who are mentally ill shall provide, to the20
maximum extent possible, mental health treatment, services, and supports which are21
consistent with the following principles:22
(1) Treatment, services, and supports assist in enabling people to exercise23
self-determination in their lives.24
(2) Treatment, services, and supports assist in enabling people to achieve25
their maximum potential through increased independence, productivity, and26
inclusion in their communities.27
(3) Personal outcomes and goals are considered in the development of28
individualized supports for each person.29 ENROLLEDHB NO. 846
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(4) The community where the person chooses to live and work is an1
appropriate place to provide treatment, supports, and services.2
(5) Persons with mental illness are generally best able to determine their own3
needs, rather than their needs being determined by others.4
(6) For children with mental illness, the needs of the entire family should be5
considered in the development of family supports.6
(7) Family supports may enable children to live in stable family7
environments with enduring relationships with one or more adults regardless of the8
severity of the mental illness of the child or the degree of support necessary.9
(8) Children and young adults with mental illness receive and participate in10
an appropriate education which enables them to have increased opportunities for well11
being, development, and inclusion in their communities.12
(9) Existing natural supports and community resources are promoted and13
utilized.14
* * *15
§772. Funding of regional addictive disorder services16
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E. The secretary or assistant secretary of the department shall submit an1
annual report to each member of the legislature listing the contractors and the2
amounts such contractors received for the provision of regional addictive disorder3
services and services provided through grants which were received through4
application by the department or a regional office of the department.5
* * *
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: