ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 53
Regular Session, 2014
HOUSE BILL NO. 330
BY REPRESENTATIVE LOPINTO
AN ACT1
To amend and reenact R.S. 28:53.2(D), relative to involuntary mental health treatment; to2
provide relative to the method of delivery of the custody order to law enforcement;3
and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 28:53.2(D) is hereby amended and reenacted to read as follows: 6
ยง53.2. Order for custody; grounds; civil liability; criminal penalty for making a false7
statement8
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D. The order for custody shall be effective for seventy-two hours from its10
issuance by the coroner or judge and shall be delivered to the appropriate law11
enforcement agency for execution by hand, facsimile, or other electronic means,12
including but not limited to e-mail. The law enforcement officer or transporting13
person shall deliver a copy of the order for custody to the coroner, or patient, and14
director of the treatment facility by the individual who has transported the person.15
The upon execution with the date and hour that the person is taken into protective16
custody shall be clearly written on the order. Without delay, and in no event more17
than twelve hours after being taken into protective custody, the person shall be18
delivered to a treatment facility or the office of the coroner or he shall be released.19
Upon arrival, the person in custody shall be examined immediately by the coroner20
or, if at a treatment facility, by a physician, preferably a psychiatrist, medical21
psychologist, or psychiatric mental health nurse practitioner, who shall determine if22
the person shall be voluntarily admitted, admitted by emergency certificate, admitted23
as a noncontested admission, or discharged. The person in custody shall be24 ENROLLEDHB NO. 330
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examined within twelve hours of his arrival at the treatment facility or coroner's1
office or he shall be released.2
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: