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 Christine Arbo Peck.
DIGEST
SB 236 Engrossed 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 provides that as it relates to the parish of St. Tammany, all of the following shall apply:
(1)The coroner or deputy coroner, who is a physician, preferably a psychiatrist, may conduct an
examination and execute an emergency certificate, as provided in present law by
telemedicine utilizing video conferencing equipment, provided that all of the following are
met:
(a)A licensed health care professional, who can adequately and accurately assist with
obtaining any necessary information including but not limited to that information in
present law and where such health care professional will be present in the examining
room with the patient at the time of the video conferencing.
(b)The coroner or deputy coroner who is a physician, preferably a psychiatrist, shall
comply with all of the provisions in present law.
(2)The coroner or deputy coroner, who is a physician, preferably a psychiatrist, may conduct an
examination and execute an emergency certificate, as provided in present law by
telemedicine under all of the following circumstances:
(a)If the initial examination, pursuant to present law, has been made in person by a
psychiatrist, psychiatric mental health nurse practitioner, or a psychologist.
(b)If the coroner conducted the initial examination, pursuant to present law, by
telemedicine and has executed the first emergency commitment certificate, a second
examination shall be made in person within the 72-hour period set forth in present
law by any psychiatrist, psychiatric mental health nurse practitioner, or a psychologist
at the treatment facility where the person is confined.
Present law provides that when a patient is transferred from another parish pursuant to an emergency
certificate, a second physician's emergency certificate may be executed by a physician at the
admitting facility. Present law provides that the coroner shall be notified immediately following the execution of the
second emergency certificate and shall conduct an independent examination within 72 hours as
provided in present law.
Present law provides that 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 and provides that the provisions of present law related to patients
transferred from another parish shall also apply to the parishes of East Baton Rouge, Jefferson,
Orleans and Ouachita in addition to St. Tammany.
Present law provides that when a patient is transferred from another parish pursuant to an emergency
certificate, a second physician's emergency certificate may be executed by a physician at the
admitting facility.
Proposed law, which applies to the parishes of East Baton Rouge, Jefferson, Orleans, and Ouachita,
in addition to 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)(intro para) and (7)(c)(i))
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.