SSHB589 4300 3921
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 589 2021 Regular Session Duplessis
MENTAL HEALTH: Provides relative to civil involuntary outpatient treatment for persons
suffering from mental illness
Synopsis of Senate Amendments
1.Requires from the coroner written concurrence of the allegations for involuntary
outpatient treatment if ordered by the court.
2.Requires that a reasonable opportunity to develop a written treatment be
afforded to the respondent's designee.
3.Requires the treatment plan to reflect the expressed preferences of the
respondent if consistent with the respondent's best interests.
Digest of Bill as Finally Passed by Senate
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
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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.
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.
Proposed law affords the respondent's designee a reasonable opportunity to establish a
treatment plan that expresses the respondent's preferences to the extent that the preferences
are in the best interest of the respondent.
Proposed law requires the coroner in the jurisdiction in which the respondent was found to
provide a written concurrence to the allegations for the respondent's involuntary outpatient
treatment if ordered by the court.
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(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)
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