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 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 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 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.