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2017 Regular Session
SENATE BILL NO. 216
BY SENATORS TARVER AND LAFLEUR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH CARE. Provides for physician assistants executing emergency certificates
relative to alleged mental illness or substance abuse. (8/1/17)
1 AN ACT
2 To amend and reenact R.S. 28:53(B)(1), (2)(a) and (b), and (F), relative to physicians
3 assistants; to provide for authority to issue an emergency certificate; to provide with
4 respect to certificate documentation; to provide authority to require transportation;
5 and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 28:53(B)(1), (2)(a) and (b), and (F) are hereby amended and
8 reenacted to read as follows:
9 ยง53. Admission by emergency certificate; extension; payment for services rendered
10 * * *
11 B.(1) Any physician, physician assistant in collaboration with their
12 supervising physician, psychiatric mental health nurse practitioner, or psychologist
13 may execute an emergency certificate only after an actual examination of a person
14 alleged to be mentally ill or suffering from substance abuse who is determined to be
15 in need of immediate care and treatment in a treatment facility because the
16 examining physician, physician assistant in collaboration with their supervising
17 physician, psychiatric mental health nurse practitioner, or psychologist determines
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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. 216
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1 the person to be dangerous to self or others or to be gravely disabled. The actual
2 examination of the person by a psychiatrist may be conducted by telemedicine
3 utilizing video conferencing technology provided that a licensed health care
4 professional who can adequately and accurately assist with obtaining any necessary
5 information including but not limited to the information listed in Paragraph (4) of
6 this Subsection shall be in the examination room with the patient at the time of the
7 video conference. A patient examined in such a manner shall be medically cleared
8 prior to admission to a mental health treatment facility. Failure to conduct an
9 examination prior to the execution of the certificate will be evidence of gross
10 negligence.
11 (2) The certificate shall state:
12 (a) The date of the physician's, physician assistant's, psychiatric mental
13 health nurse practitioner's, or psychologist's examination of the person, which shall
14 not be more than seventy-two hours prior to the date of the signature of the
15 certificate.
16 (b) The objective findings of the physician, physician assistant in
17 collaboration with their supervising physician, psychiatric mental health nurse
18 practitioner, or psychologist relative to the physical or mental condition of the
19 person, leading to the conclusion that the person is dangerous to self or others or is
20 gravely disabled as a result of substance abuse or mental illness.
21 * * *
22 F. An emergency certificate shall constitute legal authority to transport a
23 patient to a treatment facility and shall permit the director of such treatment facility
24 to detain the patient for diagnosis and treatment for a period not to exceed fifteen
25 days, and to return the patient to the facility if he is absent with or without
26 permission during authorized periods of detention. If necessary, peace officers shall
27 apprehend and transport, or ambulance services, under appropriate circumstances,
28 may locate and transport, a patient on whom an emergency certificate has been
29 completed to a treatment facility at the request of either the director of the 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. 216
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1 the certifying physician, physician assistant in collaboration with their
2 supervising physician, psychiatric mental health nurse practitioner, or psychologist,
3 the patient's next of kin, the patient's curator, or the agency legally responsible for
4 his welfare. In the case of an emergency certificate issued pursuant to an examination
5 conducted by telemedicine pursuant to Paragraph (B)(1) of this Section, or where the
6 valid original is not provided to the transporter, a copy transmitted by facsimile or
7 other electronic device shall be sufficient authority for the peace officer or
8 ambulance worker to transport the patient to a treatment facility and for the director
9 to accept such patient. The psychiatrist shall cause the original certificate to be
10 deposited in the United States mail properly addressed to the director of the
11 treatment facility by the next business day following the date of examination. The
12 director of the treatment facility shall notify the patient's nearest relative, if known,
13 or designated responsible party, if any, in writing, of the patient's admission by
14 emergency certificate as soon as reasonably possible.
15 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SB 216 Engrossed 2017 Regular Session Tarver
Present law authorizes any physician, psychiatric mental health nurse practitioner, or
psychologist to execute an emergency certificate after an actual examination of a person
alleged to be mentally ill or suffering from substance abuse who is determined to be in need
of immediate care and treatment in a treatment facility because the person is determined to
be dangerous to self or others or to be gravely disabled.
Proposed law expands this authority to physician assistants in collaboration with their
supervising physician.
Present law includes minimum data required on a certificate.
Proposed law expands minimum data to include the date of exam and objective findings of
the physician assistant.
Present law provides for legal authority to transport a person to a treatment facility.
Proposed law expands legal authority to transport a person to a treatment facility to instances
where it is authorized by a physician assistant in collaboration with their supervising
physician.
Effective August 1, 2017.
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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. 216
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(Amends R.S. 28:53(B)(1), (2)(a) and (b), and (F))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Clarifies that the physician assistant acts in collaboration with their
supervising physician in issuing an emergency certificate.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.