SLS 16RS-374 REENGROSSED
2016 Regular Session
SENATE BILL NO. 236
BY SENATOR BARROW
CORONERS. Provides relative to admissions by emergency certificate of persons suffering
from mental illness and substance abuse. (8/1/16)
1 AN ACT
2 To amend and reenact R.S. 28:53(G)(7)(c)(i) and to enact R.S. 28:53(G)(8), relative to
3 mental health law; to provide relative to examination, admission, commitment, and
4 treatment of persons suffering from mental illness and substance abuse; to provide
5 with respect to admission by emergency certificate; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 28:53(G)(7)(c)(i) is hereby amended and reenacted and R.S.
9 28:53(G)(8) is hereby enacted to read as follows:
10 §53. Admission by emergency certificate; extension; payment for services rendered
11 * * *
12 G.(1) * * *
13 (7) As it relates to the parish of St. Tammany, all of the following shall apply:
14 * * *
15 (c)(i) When a patient is transferred from another parish pursuant to an
16 emergency certificate, a second physician's emergency certificate may, when
17 appropriate, shall be executed by a physician at the admitting facility.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 236
SLS 16RS-374 REENGROSSED
1 * * *
2 (8) As it relates to the parishes of East Baton Rouge, Jefferson, Orleans,
3 and Ouachita, the following shall apply:
4 (a) When a patient is transferred from another parish pursuant to an
5 emergency certificate, a second physician's emergency certificate, when
6 appropriate, shall be executed by a physician at the admitting facility.
7 (b) The coroner shall be notified immediately following the execution of
8 the second emergency certificate and shall conduct an independent examination
9 within seventy-two hours as provided in Paragraph (2) of this Subsection, in the
10 manner provided in accordance with Subparagraph (G)(7)(a) of this Section.
11 (c) Nothing herein shall be construed to authorize a period of
12 commitment to exceed fifteen days from the date and time the initial emergency
13 certificate was executed in the parish of origin.
14 * * *
The original instrument was prepared by Angela Lockett De Jean. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Laura Gail Sullivan.
DIGEST
SB 236 Reengrossed 2016 Regular Session Barrow
Present law provides that upon admission of any person by emergency certificate to a
treatment facility, the director of the treatment facility shall immediately notify the coroner
of the parish in which the treatment facility is located of the admission, giving certain
information as provided in present law, if known.
Present law, relative to St. Tammany Parish, provides, among other requirements, the
following shall apply when a patient is transferred from another parish pursuant to an
emergency certificate:
(1)The coroner shall be notified immediately following the execution of a second
emergency certificate and shall conduct an independent examination within 72 hours
as provided in present law.
(2)Nothing in present law shall be construed to authorize a period of commitment to
exceed 15 days from the date and time the initial emergency certificate was executed
in the parish of origin.
Proposed law retains present law for St. Tammany Parish and applies these provisions of
present law to the parishes of East Baton Rouge, Jefferson, Orleans, and Ouachita.
Present law, relative to St. Tammany Parish, provides that when a patient is transferred from
another parish pursuant to an emergency certificate, a second physician's emergency
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 236
SLS 16RS-374 REENGROSSED
certificate may be executed by a physician at the admitting facility.
Proposed law, applicable to the parishes of East Baton Rouge, Jefferson, Orleans, Ouachita,
and St. Tammany, provides that when a patient is transferred from another parish pursuant
to an emergency certificate, when appropriate, a second physician's emergency certificate
shall be executed by a physician at the admitting facility.
Effective August 1, 2016.
(Amends R.S. 28:53(G)(7)(c)(i); adds R.S. 28:53(G)(8))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Proposed law relative to emergency certificates issued for patients transferred
from another parish applies to East Baton Rouge, Jefferson, Orleans and
Ouachita, in addition to St. Tammany to clarify that a second physician’s
emergency certificate shall be executed by a physician at the admitting
facility when appropriate.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.