RÉSUMÉ DIGEST
ACT 375 (SB 306) 2018 Regular Session Barrow
Prior law provided for a person to be found in need of involuntary outpatient treatment
necessitates a finding of being a danger to self or others.
New law adds "gravely disabled" as a category for determining if a person is in need of
involuntary outpatient treatment.
Prior law provided that only the director or administrator of a hospital in which a patient is
hospitalized may petition the court to authorize involuntary outpatient treatment for that
patient. New law adds the treating physician as being authorized to file the petition.
Prior law provided that only the director of an emergency receiving center may file a petition
for involuntary outpatient treatment. New law expands that to include the administrator of
the facility and the treating physician.
New law authorizes the La. Department of Health to file a petition to obtain an order
authorizing involuntary outpatient treatment.
Prior law required that in the case of a petition for involuntary outpatient treatment shall be
heard within five days of filing. New law allows a hearing no later than 18 days after filing.
New law expands the court's authority to order service of pleadings and to allow testimony
of the patient by way of electronic means, if all parties agree.
Prior law provided requirements for the written treatment plan to be utilized in the case of
involuntary outpatient treatment.
New law specifies that the plan shall include a provider who has agreed to provide services.
Prior law required assertive community services to be included in such a plan. New law
allows for discretion depending upon whether such services are readily available.
New law requires that a director or designee of a facility certify that the services ordered are
available and can be readily accessed by the patient.
New law sets out criteria relative to treatment plans and the modification thereof.
New law defines the reports issued pursuant to prior law (R.S. 28:56(A)(2)(b)) by the
director or administrator of the treatment facility to which the person has been judicially
committed to the court and to counsel of record setting forth the patient's response to
treatment, his current condition, and the reasons why continued involuntary treatment is
necessary to improve the patient's condition or to prevent it from deteriorating as the
"Physician's Report to Court".
Effective August 1, 2018.
(Amends R.S. 28:66(A)(6) and (B), 67(1) and (2), 68, 69(A)(1) and (2), (C) and (D), 70(A),
(C), (D), and (E), 71(B), (C), (D), (E) and (F), 72, 73, and 75; adds R.S. 28:67(5), 69(A)(3),
70(F), and 76)