HLS 21RS-635 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 589
BY REPRESENTATIVE DUPLESSIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MENTAL HEALTH: Provides relative to civil involuntary outpatient treatment for persons
suffering from mental illness
1 AN ACT
2To amend and reenact R.S. 28:66, 67(introductory paragraph) and (1) through (4), 68,
3 69(A)(2) and (B) through (F), 70(A), (B)(1), (E), and (F), 71, 72(A), 73, and 75 and
4 to enact R.S. 28:69(G) and (H) and 77, relative to behavioral health; to provide for
5 persons who may petition to the court to authorize involuntary outpatient treatment;
6 to provide criteria and procedures for civil involuntary outpatient treatment; to
7 provide for written treatment plans; to exempt certain proceedings from fees and
8 court costs; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 28:66, 67(introductory paragraph) and (1) through (4), 68, 69(A)(2)
11and (B) through (F), 70(A), (B)(1), (E), and (F), 71, 72(A), 73, and 75 are hereby amended
12and reenacted and R.S. 28:69(G) and (H) and 77 are hereby enacted to read as follows:
13 §66. Criteria for civil involuntary outpatient treatment
14 A. A patient respondent may be ordered to obtain civil involuntary outpatient
15 treatment if the court finds that all of the following conditions apply:
16 (1) The patient respondent is eighteen years of age or older.
17 (2) The patient respondent is suffering from a mental illness.
18 (3) The patient respondent is unlikely to survive safely in the community
19 without supervision, based on a clinical determination.
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1 (4) The patient respondent has a history of lack of compliance with treatment
2 for mental illness. that has resulted in either of the following:
3 (a) At least twice within the last thirty-six months, the lack of compliance
4 with treatment for mental illness has been a significant factor resulting in an
5 emergency certificate for hospitalization, or receipt of services in a forensic or other
6 mental health unit of a correctional facility or a local correctional facility, not
7 including any period during which the person was hospitalized or incarcerated
8 immediately preceding the filing of the petition.
9 (b) One or more acts of serious violent behavior toward self or others or
10 threats of, or attempts of, serious physical harm to self or others within the last
11 thirty-six months as a result of mental illness, not including any period in which the
12 person was hospitalized or incarcerated immediately preceding the filing of the
13 petition.
14 (5) The patient respondent is, as a result of his mental illness, unlikely to
15 voluntarily participate in the recommended treatment pursuant to the treatment plan.
16 (6) In view of the treatment history and current behavior of the patient
17 respondent, the patient respondent is in need of involuntary outpatient treatment to
18 prevent a relapse or deterioration which would be likely to result in the patient
19 respondent becoming dangerous to self or others or gravely disabled as defined in
20 R.S. 28:2.
21 (7) It is likely that the patient respondent will benefit from involuntary
22 outpatient treatment.
23 B.(1) If the patient respondent has executed an advance directive as defined
24 in R.S. 28:221, any directions included in the directive shall be taken into account
25 by the court in determining the written treatment plan.
26 (2) Nothing herein in this Section shall preclude a person with an advance
27 directive from being subject to a petition pursuant to this Part.
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1 §67. Petition to the court
2 A petition for an order authorizing involuntary outpatient treatment may be
3 filed in the judicial district in the parish in which the patient respondent is present or
4 reasonably believed to be present. A petition to obtain an order authorizing
5 involuntary outpatient treatment may be initiated by one of the following persons:
6 (1) The director, administrator, or treating physician of a hospital in which
7 the patient respondent is hospitalized.
8 (2) The director, administrator, or treating physician of an emergency
9 receiving center in which the patient respondent is receiving services.
10 (3) The director of the local governing entity, or his designee, in the parish
11 in which the patient respondent is present or reasonably believed to be present.
12 (4) Any interested person through counsel with written concurrence of the
13 coroner in the jurisdiction in which the person is found.
14 * * *
15 §68. Petition
16 A. The petition shall contain the facts which are the basis of the assertion that
17 the patient respondent meets each of the criteria in R.S. 28:66 that he is present or
18 reasonably believed to be present in the parish where filed, and provide the
19 respondent with adequate notice and knowledge relative to the nature of the
20 proceeding.
21 B.(1) In addition to the content specified in Subsection A of this Section, the
22 petition shall contain the following information regarding the respondent:
23 (a) Name.
24 (b) Date of birth.
25 (c) Alias names, if any.
26 (d) Social security number.
27 (e) Sex.
28 (f) Race.
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1 (2) If the petitioner is unable to provide any of the information listed in this
2 Subsection, the petitioner shall include in the petition the reasons why that
3 information cannot be provided.
4 B. C. The petition shall be accompanied by a Physician's Report to Court or
5 an affidavit of a physician, psychiatric mental health nurse practitioner, or
6 psychologist and shall state either of the following:
7 (1) Such physician, psychiatric mental health nurse practitioner, or
8 psychologist has examined the patient respondent no more than ten days prior to the
9 filing of the petition, he recommended involuntary outpatient treatment for the
10 patient respondent, and he is willing and able to testify at the hearing on the petition.
11 (2) No more than ten days prior to the filing of the petition, such physician,
12 psychiatric mental health nurse practitioner, or psychologist, or his a designee of
13 such clinician, has made appropriate attempts to elicit the cooperation of the patient
14 respondent but has not been successful in persuading him to submit to an
15 examination, that such physician, psychiatric mental health nurse practitioner, or
16 psychologist has reason to suspect that the patient respondent meets the criteria for
17 involuntary outpatient treatment, and he is willing and able to examine the patient
18 respondent and testify at the hearing on the petition.
19 §69. Procedure
20 A.
21 * * *
22 (2) In addition to those persons entitled to notice pursuant to Paragraph (1)
23 of this Subsection, if the respondent is interdicted, notice of the hearing and a copy
24 of the petition shall also be served upon the curator for the interdict and the attorney
25 who represented the interdict in the interdict proceedings.
26 * * *
27 B.(1) As soon as is practical after the filing of the petition, the court shall
28 review the petition and supporting documents and determine whether there exists
29 probable cause to believe that the respondent is suffering from mental illness which
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1 renders him unlikely to voluntarily participate in the recommended treatment and,
2 in view of the treatment history and current behavior of the respondent, he is in need
3 of involuntary outpatient treatment to prevent a relapse or deterioration which would
4 be likely to result in him becoming dangerous to self or others or gravely disabled
5 as defined in R.S. 28:2.
6 (2) If the court determines that probable cause exists, the court shall appoint
7 a physician, psychiatric mental health nurse practitioner, or psychologist to examine
8 the respondent and to provide a written Physician's Report to Court and testify at the
9 hearing. The Physician's Report to Court shall be completed on the form provided
10 by the office of behavioral health of the Louisiana Department of Health and
11 provided to the court, the respondent's counsel, and the petitioner's counsel at least
12 three days before the hearing.
13 (3) The Physician's Report to Court shall set forth specifically the objective
14 factors leading to the conclusion that the respondent has a mental illness that renders
15 him unlikely to voluntarily participate in the recommended treatment and, in view
16 of the treatment history and current behavior of the respondent, he is in need of
17 involuntary outpatient treatment to prevent a relapse or deterioration which would
18 be likely to result in him becoming dangerous to self or others or gravely disabled
19 as defined in R.S. 28:2. The report shall also include recommendations for a
20 treatment plan.
21 (4) The court-appointed physician, psychiatric mental health nurse
22 practitioner, or medical psychologist may be the respondent's treating physician,
23 treating psychiatric nurse practitioner, or treating medical psychologist.
24 B. C. The court shall conduct a hearing on the petition which shall take
25 precedence over all other matters, except pending cases of the same type. The court
26 shall admit evidence according to the Louisiana Code of Evidence. Witnesses and
27 evidence tending to show that the patient respondent is a proper subject for
28 outpatient placement shall be presented first. If the patient respondent does not
29 appear at the hearing, and service of process was proper and appropriate attempts to
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1 elicit attendance failed, the court may conduct the hearing in the absence of the
2 patient respondent, but the court shall state the factual basis for conducting the
3 hearing without the patient respondent.
4 C. D. The court shall not order involuntary outpatient treatment unless an
5 examining physician, psychiatric mental health nurse practitioner, or psychologist,
6 who has personally examined the patient within the time period commencing ten
7 days before the filing of the petition respondent, testifies at the hearing, in person or
8 via electronic means, with consent of all the parties, regarding the categories of
9 involuntary outpatient treatment recommended, the rationale for each category, facts
10 which establish that such treatment is the least restrictive alternative, and, if
11 recommended, the beneficial and detrimental physical and mental effects of
12 medication, and whether such medication should be self-administered or
13 administered by an authorized professional.
14 D. E. If the patient respondent has refused to be examined by a the court-
15 ordered physician, psychiatric mental health nurse practitioner, or psychologist, the
16 court may order the subject to undergo an examination by a physician, psychiatric
17 mental health nurse practitioner, or psychologist appointed by the court. If the patient
18 refuses to undergo the court-ordered examination and the court finds reasonable
19 cause to believe that the allegations in the petition are true, the court may shall order
20 the sheriff's department to take the patient respondent into custody and transport him
21 to a psychiatrist's office, behavioral health center, hospital, or emergency receiving
22 center for examination. Retention of the patient respondent in accordance with the
23 court order shall not exceed twenty-four hours. The examination of the patient may
24 be performed by the physician, psychiatric mental health nurse practitioner, or
25 psychologist whose affidavit or Physician's Report to Court accompanied the petition
26 pursuant to R.S. 28:68(B), if he is privileged or otherwise authorized by the hospital
27 or emergency receiving center. If such examination is performed by another The
28 examining physician, psychiatric mental health nurse practitioner, or psychologist,
29 he shall be authorized to consult with the respondent's treating physician, psychiatric
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1 mental health nurse practitioner, or psychologist whose affidavit or Physician's
2 Report to Court accompanied the petition regarding the issues of whether the
3 allegations in the petition are true and whether the patient meets the criteria for
4 involuntary outpatient treatment.
5 E. F. A physician, psychiatric mental health nurse practitioner, or
6 psychologist who testifies pursuant to Subsection C D of this Section shall state the
7 facts which support the allegation that the patient respondent meets each of the
8 criteria for involuntary outpatient treatment, the treatment is the least restrictive
9 alternative, the recommended involuntary outpatient treatment, and the rationale. If
10 the recommended involuntary outpatient treatment includes medication, the
11 testimony of the physician, psychiatric mental health nurse practitioner, or medical
12 psychologist shall describe the types or classes of medication which should be
13 authorized, the beneficial and detrimental physical and mental effects of such
14 medication, and whether the medication should be self-administered or administered
15 by authorized personnel.
16 F. The patient G. The respondent shall be afforded an opportunity to present
17 evidence, to call witnesses on his behalf, and to cross-examine adverse witnesses.
18 H. Each court shall keep a record of cases relating to persons who have a
19 mental illness coming before the court pursuant to the provisions of this Title and the
20 disposition of those cases. Each court shall also keep on file the original petition and
21 certificates of physicians required by this Section, or a microfilm duplicate of such
22 records. All records maintained in courts pursuant to the provisions of this Section
23 shall be sealed and available only to the parties to the case, unless a court, after a
24 hearing held with notice to the respondent, determines such records should be
25 disclosed to a petitioner for cause shown. Any hearing conducted in accordance with
26 this Subsection shall be closed to the public.
27 §70. Written treatment plan for involuntary outpatient treatment
28 A. The court shall not order involuntary outpatient treatment unless an
29 examining physician, psychiatric mental health nurse practitioner, or psychologist
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1 develops and provides to the court a proposed written treatment plan. The written
2 treatment plan shall be developed in consultation with the respondent and, upon his
3 request, an individual significant to him and concerned with his welfare and deemed
4 appropriate by the director as well as the patient and upon his request, an individual
5 significant to him and concerned with his welfare. The written treatment plan shall
6 include appropriate services to provide care coordination. The written treatment plan
7 shall also include appropriate categories of services, as set forth in Subsection D of
8 this Section, which the patient respondent is recommended to receive and are
9 available to the patient respondent. The written treatment plan shall specify a
10 provider that has agreed to provide each of the specified services. If the written
11 treatment plan includes medication, it shall state whether the medication should be
12 self-administered or administered by authorized personnel, and shall specify type and
13 dosage range of medication most likely to provide maximum benefit for the patient
14 respondent.
15 B. If the written treatment plan includes substance-related or addictive
16 disorder counseling and treatment, it may include a provision requiring testing for
17 either alcohol or illegal substances provided the clinical basis for recommending
18 such plan provides sufficient facts for the court to find all of the following:
19 (1) The patient respondent has a history of a substance-related or addictive
20 disorder that is clinically related to the mental illness.
21 * * *
22 E. The director or his designee of the local governing entity shall certify It
23 shall be certified to the court that the services ordered in the plan are available and
24 can be reasonably accessed by the patient respondent.
25 F.(1) The written treatment plan is subject to reviews before the court with
26 the patient respondent and at least one representative of the treatment team. The
27 initial frequency shall be stipulated in the treatment plan and modified with the
28 court's approval.
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1 (2) The court order required court-ordered blood or laboratory testing shall
2 may be subject to review after six months by the physician, psychiatric mental health
3 nurse practitioner, or psychologist who developed the written treatment plan or who
4 is designated by the director, and the blood or laboratory testing may be terminated
5 without further action of the court.
6 §71. Disposition
7 A. If the court determines that the patient respondent does not meet the
8 criteria for involuntary outpatient treatment, the court shall dismiss the petition.
9 B. If the court finds by clear and convincing evidence that the patient
10 respondent meets the criteria for involuntary outpatient treatment, and no less
11 restrictive less-restrictive alternative is feasible, the court shall order that the patient
12 respondent receive involuntary outpatient treatment for an initial period not to
13 exceed one year. The court shall state reasons why the proposed treatment plan is the
14 least restrictive treatment appropriate and feasible for the patient respondent. The
15 order shall state the categories of involuntary outpatient treatment as set forth in R.S.
16 28:70, which the patient respondent is to receive, and the court may not order
17 treatment that has not been recommended by the physician, psychiatric mental health
18 nurse practitioner, or psychologist in consultation with the treatment team and
19 included in the written treatment plan. The court shall not order an outpatient
20 commitment unless the director or his designee certifies it is certified to the court
21 that the services are available.
22 C. If the court finds by clear and convincing evidence that the patient
23 respondent meets the criteria for involuntary outpatient treatment, and a written
24 proposed treatment plan has not been approved, the court shall order the director of
25 the local governing entity to provide a plan and testimony within five days of the
26 date of the order.
27 D. The court may order the patient respondent to self-administer psychotropic
28 drugs or order the administration of such drugs by authorized personnel as part of an
29 involuntary outpatient treatment program. The order shall specify the type of
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1 psychotropic drugs and it shall be effective for the duration of such involuntary
2 outpatient treatment.
3 E. If the petitioner is affiliated with a hospital that operates an involuntary
4 outpatient treatment program that is willing to treat the patient, the court order shall
5 direct the hospital to provide all available categories of involuntary outpatient
6 treatment services. If the hospital does not have such a program or if the patient is
7 discharged to a different local governing entity, or if the director of the local
8 governing entity has filed the petition and certified services are available, the court
9 order shall require the appropriate director to provide all available categories of
10 involuntary outpatient treatment services.
11 F. The treatment provider shall apply for court approval prior to instituting
12 a proposed material change in the involuntary outpatient treatment order unless such
13 change is contemplated in the order. For purposes of this Subsection, a material
14 change shall mean an addition or deletion of a category of involuntary outpatient
15 treatment service, or any deviation without the consent of the patient respondent
16 from the terms of an existing order relating to the administration of psychotropic
17 drugs, or a change of residence from one local governing entity to another. A
18 material change shall not mean a change in the dosage or the specific psychotropic
19 drug within the type ordered by the court. Any application for court approval shall
20 be served upon all persons required to be served with notice of a petition for an order
21 authorizing involuntary outpatient treatment. Either party may move for a hearing
22 on the application. If a motion is not filed within five days from the date the
23 application is filed, the court shall grant the application.
24 G. F. Failure to comply with an order of assisted assistive outpatient
25 treatment shall not be grounds, in and of itself, for involuntary civil commitment or
26 a finding of contempt of court.
27 §72. Application for additional periods of treatment
28 A. The court order for outpatient treatment shall expire at the end of the
29 specified period unless a petition for an extension has been filed. If any person or
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1 entity authorized within R.S. 28:67 determines that a patient respondent requires
2 further involuntary outpatient treatment, he shall file a petition for continued
3 treatment prior to the expiration of the involuntary outpatient treatment ordered by
4 the court. If a patient respondent has been ordered to receive outpatient treatment for
5 four consecutive six-month to one-year periods, the period of any subsequent order
6 may exceed one year but shall not exceed two years.
7 * * *
8 §73. Application to stay, vacate, or modify
9 In addition to any right or remedy available by law, the patient respondent
10 may apply to the court to stay, vacate, or modify the order based on a change in
11 circumstances and he shall notify the director of the local governing entity or
12 designee of his application.
13 * * *
14 §75. Failure to comply with involuntary outpatient treatment
15 A. If either party alleges noncompliance under the written treatment plan, a
16 judicial review can be scheduled and all persons listed in R.S. 28:69(A) are to
17 receive notice. When a physician, psychiatric mental health nurse practitioner, or
18 psychologist determines the respondent has failed to comply with the ordered
19 treatment, the local governing entity, case manager, or assertive community
20 treatment provider shall make reasonable efforts to solicit the compliance of the
21 respondent.
22 B. When a physician, psychiatric mental health nurse practitioner, or
23 psychologist determines the patient has failed to comply with the ordered treatment,
24 efforts were made to solicit compliance by the local governing entity, case manager,
25 or assertive community treatment provider, and the patient may be in need of
26 involuntary admission to a treatment facility, If either party alleges noncompliance
27 despite the efforts referred to in Subsection A of this Section, a judicial hearing shall
28 be scheduled and all persons listed in R.S. 28:69(A) are to receive notice.
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1 C. When a physician, psychiatric mental health nurse practitioner, or
2 psychologist determines that the respondent meets the relevant criteria, he may
3 execute an emergency certificate in accordance with R.S. 28:53, request an order for
4 custody in accordance with R.S. 28:53.2, or seek a judicial commitment in
5 accordance with R.S. 28:54. Any period of hospitalization shall not invalidate the
6 order for assistive outpatient treatment.
7 C. If the patient D. If the respondent refuses to take medication or refuses to
8 take or fails blood or other laboratory tests as required by court order, the physician,
9 psychiatric mental health nurse practitioner, or psychologist may consider his refusal
10 in determining whether the patient respondent is in need of inpatient treatment
11 services.
12 * * *
13 §77. Fees and court costs
14 Assistive outpatient treatment proceedings shall be exempt from charges for
15 filing fees or taxing of court costs.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 589 Engrossed 2021 Regular Session Duplessis
Abstract: Revises laws relative to civil involuntary outpatient treatment for persons
suffering from mental illness.
Present law, Part III-A of Chapter 1 of Title 28 of the La. R.S., provides relative to civil
involuntary outpatient treatment for persons suffering from mental illness; for petitions for
court orders authorizing involuntary outpatient treatment; and for procedures of courts with
respect to such petitions.
Proposed law changes the term "patient" to "respondent" throughout present law.
Proposed law deletes present law requiring that a person's history of lack of compliance with
mental health treatment must result in certain outcomes in order to qualify him for court-
ordered involuntary outpatient treatment. Provides instead that the person's history of lack
of compliance with mental health treatment, ipso facto, qualifies him for court-ordered
involuntary outpatient treatment pursuant to present law and proposed law.
Present law provides that a petition to obtain an order authorizing involuntary outpatient
treatment may be initiated by several authorized persons including any interested person
through counsel with written concurrence of the coroner in the jurisdiction in which the
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person is found. Proposed law deletes from present law the requirement for written
concurrence of the coroner.
Proposed law adds to present law items of information to be included in petitions to the court
for orders authorizing involuntary outpatient treatment.
Proposed law requires that as soon as is practical after the filing of the petition for an order
authorizing involuntary outpatient treatment, the court shall review the petition and
supporting documents and determine whether there exists probable cause to believe that the
respondent is suffering from mental illness which renders him unlikely to voluntarily
participate in the recommended treatment and, in view of the treatment history and current
behavior of the respondent, he is in need of involuntary outpatient treatment to prevent a
relapse or deterioration which would be likely to result in him becoming dangerous to self
or others or gravely disabled as defined in present law.
Proposed law requires that if the court determines that probable cause exists, it shall appoint
a physician, psychiatric mental health nurse practitioner, or psychologist to examine the
respondent and to provide a report provided for in present law (Physician's Report to Court)
and testify at the hearing. Requires that the report set forth specifically the objective factors
leading to the conclusion that the person has a mental illness that renders him unlikely to
voluntarily participate in the recommended treatment and, in view of the treatment history
and current behavior of the respondent, he is in need of involuntary outpatient treatment to
prevent a relapse or deterioration which would be likely to result in him becoming dangerous
to self or others or gravely disabled defined in present law. Stipulates that the report shall
also include recommendations for a treatment plan.
Proposed law revises present law concerning procedures of courts with respect to petitions
for orders authorizing involuntary outpatient treatment. Adds to present law a requirement
that each court keep a record of the cases relating to persons who have a mental illness
coming before it pursuant to present law and the disposition of those cases.
Proposed law provides that all records maintained in courts pursuant to present law and
proposed law shall be sealed and available only to the parties to the case, unless a court, after
a hearing held with notice to the respondent, determines such records should be disclosed
to a petitioner for cause shown. Requires that any such hearing shall be closed to the public.
Proposed law revises present law concerning written treatment plans for involuntary
outpatient treatment.
Proposed law deletes present law providing all of the following:
(1)If the petitioner is affiliated with a hospital that operates an involuntary outpatient
treatment program that is willing to treat the patient, the court order shall direct the
hospital to provide all available categories of involuntary outpatient treatment
services.
(2)If the hospital does not have such a program or if the patient is discharged to a
different local governing entity, or if the director of the local governing entity has
filed the petition and certified services are available, the court order shall require the
appropriate director to provide all available categories of involuntary outpatient
treatment services.
Proposed law deletes present law providing that if either party alleges noncompliance under
a written treatment plan, a judicial review can be scheduled and all persons listed in present
law, R.S. 28:69(A), are to receive notice. Adds in lieu thereof a requirement that when a
physician, psychiatric mental health nurse practitioner, or psychologist determines the
respondent has failed to comply with the ordered treatment, the local governing entity, case
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manager, or treatment provider shall make reasonable efforts to solicit the compliance of the
respondent.
Proposed law revises present law concerning noncompliance with written treatment plans
and hearings on such noncompliance.
Proposed law stipulates that assistive outpatient treatment proceedings conducted pursuant
to present law and proposed law shall be exempt from charges for filing fees or taxing of
court costs.
(Amends R.S. 28:66, 67(intro. para.) and (1)-(4), 68, 69(A)(2) and (B)-(F), 70(A), (B)(1),
(E), and (F), 71, 72(A), 73, and 75; Adds R.S. 28:69(G) and (H) and 77)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Change the term "patient" to "respondent" in present law relative to civil
involuntary outpatient treatment for persons suffering from mental illness (Part
III-A of Chapter 1 of Title 28 of the La. R.S.).
2. Delete present law requiring that a person's history of lack of compliance with
mental health treatment must result in certain outcomes in order to qualify him
for court-ordered involuntary outpatient treatment, thereby providing that the
person's history of lack of compliance with mental health treatment, ipso facto,
qualifies him for court-ordered involuntary outpatient treatment pursuant to
present law and proposed law.
3. Add to present law items of information to be included in petitions to the court
for orders authorizing involuntary outpatient treatment.
4. Require that as soon as is practical after the filing of the petition for an order
authorizing involuntary outpatient treatment, the court shall review the petition
and supporting documents and determine whether there exists probable cause to
believe that the respondent is suffering from mental illness which renders him
unlikely to voluntarily participate in the recommended treatment and, in view of
the treatment history and current behavior of the respondent, he is in need of
involuntary outpatient treatment to prevent a relapse or deterioration which
would be likely to result in him becoming dangerous to self or others or gravely
disabled as defined in present law.
5. Require that if the court determines that probable cause exists, it shall appoint a
physician, psychiatric mental health nurse practitioner, or psychologist to
examine the respondent and to provide a report provided for in present law
(Physician's Report to Court) and testify at the hearing. Require that the report
set forth specifically the objective factors leading to the conclusion that the
person has a mental illness that renders him unlikely to voluntarily participate in
the recommended treatment and, in view of the treatment history and current
behavior of the respondent, he is in need of involuntary outpatient treatment to
prevent a relapse or deterioration which would be likely to result in him
becoming dangerous to self or others or gravely disabled defined in present law.
Stipulate that the report shall also include recommendations for a treatment plan.
6. Revise present law concerning procedures of courts with respect to petitions for
orders authorizing involuntary outpatient treatment. Add to such law a
requirement that each court keep a record of the cases relating to persons who
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have a mental illness coming before it pursuant to present law and the disposition
of those cases.
7. Provide that all records maintained in courts pursuant to present law and
proposed law shall be sealed and available only to the parties to the case, unless
a court, after a hearing held with notice to the respondent, determines such
records should be disclosed to a petitioner for cause shown. Require that any
such hearing shall be closed to the public.
8. Revise present law concerning written treatment plans for involuntary outpatient
treatment.
9. Delete present law providing all of the following:
a. If the petitioner is affiliated with a hospital that operates an involuntary
outpatient treatment program that is willing to treat the patient, the court
order shall direct the hospital to provide all available categories of
involuntary outpatient treatment services.
b. If the hospital does not have such a program or if the patient is
discharged to a different local governing entity, or if the director of the
local governing entity has filed the petition and certified services are
available, the court order shall require the appropriate director to provide
all available categories of involuntary outpatient treatment services.
10.Delete present law providing that if either party alleges noncompliance under a
written treatment plan, a judicial review can be scheduled and all persons listed
in present law, R.S. 28:69(A), are to receive notice. Add in lieu thereof a
requirement that when a physician, psychiatric mental health nurse practitioner,
or psychologist determines the respondent has failed to comply with the ordered
treatment, the local governing entity, case manager, or treatment provider shall
make reasonable efforts to solicit the compliance of the respondent.
11.Revise present law concerning noncompliance with written treatment plans and
hearings on such noncompliance.
12.Stipulate that assistive outpatient treatment proceedings conducted pursuant to
present law and proposed law shall be exempt from charges for filing fees or
taxing of court costs.
Page 15 of 15
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.