GREEN SHEET REDIGEST
HB 589 2021 Regular Session Duplessis
MENTAL HEALTH: Provides relative to civil involuntary outpatient treatment for
persons suffering from mental illness.
DIGEST
Present law provides for the 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 the 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 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 removes the requirement for written concurrence of the
coroner to be filed with the petitions but allows the court to order the coroner to provide
written concurrence to the allegations found in the petition to authorize involuntary
outpatient treatment.
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 a mental illness which renders him unlikely to voluntarily
participate in the recommended treatment and 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.
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. Proposed law requires the report to specifically state 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 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.
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.
Page 1 of 4
Prepared by Brandi Cannon. Proposed law revises present law concerning written treatment plans for involuntary
outpatient treatment.
Proposed law repeals 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 repeals 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. Proposed law adds the 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.
Proposed law defines "interested person" as anyone of legal age who has an interest in the
outcome of a particular case, which may include but shall not be limited to any adult relative
or friend of the respondent, any official or representative of a public or private agency,
corporation, or association that is concerned with the respondent's welfare, or any other
person found suitable by the court.
(Amends R.S. 28:66, 67(intro. para.) and (1)-(4), 68, 69(A)(2) and (B)-(F), 70(A), (B)(1),
(D)(2)(intro. para.), (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.
Page 2 of 4
Prepared by Brandi Cannon. 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.
Page 3 of 4
Prepared by Brandi Cannon. 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.
The House Floor Amendments to the engrossed bill:
1. Define "interested person", for the purposes of present law and proposed law, as
anyone of legal age who has an interest in the outcome of a particular case, which
may include but shall not be limited to any adult relative or friend of the
respondent, any official or representative of a public or private agency,
corporation, or association that is concerned with the respondent's welfare, or any
other person found suitable by the court.
2. Change "patient" to "respondent" in present law for consistency.
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. Provide for written concurrence of the coroner to certain petitions for involuntary
outpatient treatment.
2. Provide for a reasonable opportunity for the respondent to participate in the
development of the written treatment plan.
3. Make technical changes.
Page 4 of 4
Prepared by Brandi Cannon.