SLS 14RS-519 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 185
BY SENATOR MILLS
MENTAL HEALTH. Provides for an emergency certificate. (8/1/14)
AN ACT1
To amend and reenact R.S. 28:53(F), relative to emergency certificates; to provide for the2
use of a copy of the emergency certificate transmitted by facsimile or other3
electronic device; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 28:53(F) is hereby amended and reenacted to read as follows: 6
ยง53. Admission by emergency certificate; extension7
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F. An emergency certificate shall constitute legal authority to transport a9
patient to a treatment facility and shall permit the director of such treatment facility10
to detain the patient for diagnosis and treatment for a period not to exceed fifteen11
days, and to return the patient to the facility if he is absent with or without12
permission during authorized periods of detention. If necessary, peace officers shall13
apprehend and transport, or ambulance services, under appropriate circumstances,14
may locate and transport, a patient on whom an emergency certificate has been15
completed to a treatment facility at the request of either the director of the facility,16
the certifying physician, psychiatric mental health nurse practitioner, or psychologist,17 SB NO. 185
SLS 14RS-519 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the patient's next of kin, the patient's curator, or the agency legally responsible for1
his welfare. In the case of an emergency certificate issued pursuant to an examination2
conducted by telemedicine pursuant to Paragraph (B)(1) of this Section, or where3
the valid original is not provided to the transporter, a copy transmitted by4
facsimile or other electronic device shall be sufficient authority for the peace officer5
or ambulance worker to transport the patient to a treatment facility and for the6
director to accept such patient. The psychiatrist shall cause the original certificate to7
be deposited in the United States mail properly addressed to the director of the8
treatment facility by the next business day following the date of examination. The9
director of the treatment facility shall notify the patient's nearest relative, if known,10
or designated responsible party, if any, in writing, of the patient's admission by11
emergency certificate as soon as reasonably possible.12
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The original instrument was prepared by Christopher D. Adams. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Linda Nugent.
DIGEST
Mills (SB 185)
Present law provides in the case of an emergency certificate issued pursuant to an
examination conducted by telemedicine pursuant to present law, a copy transmitted by
facsimile or other electronic device shall be sufficient authority for the peace officer or
ambulance worker to transport the patient to a treatment facility and for the director to accept
such patient.
Proposed law amends present law to provide in the case of an emergency certificate issued
pursuant to an examination conducted by telemedicine pursuant to present law, or where the
valid original is not provided to the transporter, a copy transmitted by facsimile or other
electronic device shall be sufficient authority for the peace officer or ambulance worker to
transport the patient to a treatment facility and for the director to accept such patient.
Effective August 1, 2014.
(Amends R.S. 28:53(F))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Specifies that if the valid original of the emergency certificate is not provided
to the transporter, a copy transmitted by facsimile shall be sufficient.