GREEN SHEET REDIGEST
HB 341 2017 Regular Session Dustin Miller
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
HEALTH/BEHAVIORAL: Amends laws relative to behavioral health and mental
health to provide for current practice and appropriate terminology
DIGEST
Proposed law changes the heading of Title 28 of the La. Revised Statutes of 1950 from
"Mental Health" to "Behavioral Health".
Proposed law defines "behavioral health" as a term which is used to refer to both mental
health and substance use.
Proposed law amends present law relative to behavioral health, mental health, treatment of
mental illness and substance-related and addictive disorders, and facilities for and providers
of such treatment to reflect current healthcare practices.
Proposed law amends present law to institute new terminology and definitions of terms in
laws pertaining to behavioral health and mental health.
Proposed law revises present law to reflect current healthcare practices and terminology
relative to the following:
(1)Healthcare services for persons with mental illness and substance-related and
addictive disorders.
(2)Care and treatment of persons with behavioral health needs, and facilities for and
providers of such care and treatment.
(3)Administration of state psychiatric hospitals.
Proposed law repeals present law providing for the following:
(1)The defined term "informal voluntary admission" and its corresponding definition.
(2)A behavioral health implementation advisory committee which was dissolved on
July 1, 2011.
(3)Delivery of inpatient and outpatient services at the New Orleans Adolescent Hospital
by the La. Department of Health.
(4)Authorization for the governing body of a treatment facility to grant staff
membership, specifically delineated institutional privileges, or both, to any duly
licensed, certified, or registered healthcare provider.
(5)A requirement that a reputable woman attendant accompany a female patient while
traveling.
(6)Authorization for the superintendent of a mental institution to release an improved
patient on convalescent status subject to certain conditions.
(7)Penalties for maltreatment of a patient of a mental institution.
(8)The Uniform Act for the Extradition of Persons of Unsound Mind.
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Prepared by Christine Arbo Peck. (9)Authorization for the superintendents of state mental institutions, and other persons
whom the superintendents may deputize, to make arrests for the violation of laws
designed to protect the property and patients of the institutions.
Proposed law makes technical changes and corrections in present law relative to mental
health and behavioral health.
(Amends R.S. 17:1607, the heading of Title 28 of the La. Revised Statutes of 1950, the
heading of Ch. 1 of Title 28 of the La. Revised Statutes of 1950, R.S. 28:1, 2(1), (7), (9),
(10), (14), (17), (20), (21), (26), (29), and (32)(a) and (b), 3, the heading of Part I-A of Ch.
1 of Title 28 of the La. Revised Statutes of 1950, R.S. 28:11, 12, 13(intro. para.), (1), and (3)-
(5), 14, 15(A)(intro. para.), (3), (9), and (B), the heading of Part II of Ch. 1 of Title 28 of the
La. Revised Statutes of 1950, R.S. 28:21(A) and (B), 21.1, 22(B)(intro. para.) and (C)(1),
22.5, 22.7(A), 22.9, 23, 25, 25.1(A), (C)(1)(a)(intro. para.) and (v), (b), (c), (2)(a)(iv), and
(D), 25.2, the heading of Part III of Ch. 1 of Title 28 of the La. Revised Statutes of 1950, R.S.
28:50(1), (3), (4), and (6), 51(C), 51.1(A)(1), 52(A)-(C), (G)(2)(a), and (H)(2), 52.2, 52.3,
52.4(A)-(C), 53(A), (B)(1) and (2)(b) and (d)(intro. para.), (G)(2) and (6), (J), (K)(1), and
(L)(1) and (3), 53.2(A)(intro. para.) and (1), (B), (C)(3), and (F), 54(A) and (D)(1)(intro.
para.), and (a) and (3), 55(B), (E)(1) and (3)-(5), (F), (G), (I), and (J), 56(A)(1)(a) and (2)(b),
(B), (C), and (G), 59(A), (C), and (D), 62, 64(F), 67(1) and (3), 69(A)(1), 70(A), (B)(intro.
para.) and (1), and (E)(2)(f), 71(B), (C), (E), and (F), 72(A), 73, 91-93, 94(A), 96(A)-(C) and
(E)-(H), 96.1(A), (B), and (D)-(F), 97-100, 101-145, 146(A), 147, the heading of Part VI of
Ch. 1 of Title 28 of the La. Revised Statutes of 1950, R.S. 28:171(C)(4)(a) and (D)(5),
171.1(intro. para.) and (5)-(8), 172-181, 183, 184, 185(A), 200-202, 215.2(1)(intro. para.)
and (2), 215.3(A) and (B), 215.4(A), the heading of Part X of Ch. 1 of Title 28 of the La.
Revised Statutes of 1950, R.S. 28:221(1)-(6), (8), (9), and (11)-(13), 222-225, 227(A), (C),
and (E), 228, 229(A) and (C), 230(A)(intro. para.) and (2)(a) and (d)(i), (B), and (C), 232,
233(2), 234(intro. para.) and (2), the heading of Ch. 5 of Title 28 of the La. Revised Statutes
of 1950, R.S. 28:475, 476, 477(1) and (3)(a)(intro. para.) and (b), 478(A), the heading of Ch.
11 of Title 28 of the La. Revised Statutes of 1950, R.S. 28:771, 772(A)(1) and (2)(c) and (B),
the heading of Ch. 15 of Title 28 of the La. Revised Statutes of 1950, R.S. 28:841(A),
911(1), 913(A)(2) and (3), 915(A)(3), and 931(B)(2), R.S. 36:258(C) and 259(C)(10) and
(16), R.S. 40:1237.1(A)(9)(a)(ii)(intro. para.) and 2142(A), C.Cr.P. Arts. 648(A)(1) and
(B)(1), 657, 657.1(A)(4), and 657.2(A), and Ch.C. Art. 1404(9); Adds R.S. 28:2(33)-(39);
Repeals R.S. 28:2(11), 22.4, 22.10, 52.1, 95, 100.1, 182, 501-506, and 561)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Restore present law which includes nursing homes within the definition of
"treatment facility".
2. Restore present law which provides that in the case of any involuntary
hospitalization or judicial commitment as a result of an emergency certificate, the
commitment or hospitalization may be made to a facility specified in present law
and proposed law.
3. Change the phrase "crime or misdemeanor" in present law and proposed law to
"crime".
4. Make changes in clinical terminology as necessary for consistency with proposed
law.
5. Make technical changes in present law and proposed law.
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Prepared by Christine Arbo Peck. The House Floor Amendments to the engrossed bill:
1. Change "superintendent of the institution" to "director or administrator of the
treatment facility" in a provision of present law for consistency with terminology
changes instituted by proposed law.
2. Delete "mentally defective" in a provision of present law for consistency with
terminology changes instituted by proposed law.
3. Make technical changes.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
reengrossed bill
1. Adds a requirement that the Louisiana Department of Health post the names and
award amounts of recipients of medical school scholarships issued upon
recommendation of the director of the forensic unit of the Eastern Louisiana
Mental Health System.
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Prepared by Christine Arbo Peck.