HLS 21RS-254 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 79
BY REPRESENTATIVE MCMAHEN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MENTAL HEALTH: Provides relative to treatment facilities for mental health patients
1 AN ACT
2To amend and reenact R.S. 28:2(39)(a)(introductory paragraph), relative to treatment
3 facilities for mental health patients; to provide a definition; and to provide for related
4 matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 28:2(39)(a)(introductory paragraph) is hereby amended and
7reenacted to read as follows:
8 ยง2. Definitions
9 * * *
10 (39)(a) "Treatment facility" means any public or private hospital, retreat,
11 institution, mental health center, or facility licensed by the state in which any person
12 who has a mental illness or person who is suffering from a substance-related or
13 addictive disorder is received or detained as a patient or client. The term includes
14 Veterans Administration and public health hospitals and forensic facilities.
15 "Treatment facility" includes but is not limited to the following, and shall be selected
16 with consideration of first, medical suitability; second, least restriction of the
17 person's liberty; third, nearness to the patient's usual residence; and fourth, financial
18 or other status of the patient; and fifth, patient's expressed preference, except that
19 such considerations shall not apply to forensic facilities:
20 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-254 ENGROSSED
HB NO. 79
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 79 Engrossed 2021 Regular Session McMahen
Abstract: Provides for the selection of a treatment facility by a patient and the protection
of a patient's right to receive treatment.
Present law provides that a treatment facility shall be selected in the following order of
priority:
(1)Medical suitability.
(2)Least restriction of the person's liberty.
(3)Nearness to the patient's usual residence.
(4)Financial or other status of the patient.
Proposed law retains present law and adds that in the selection of the treatment facility a
patient's preference shall be the fifth consideration.
Present law provides that a patient may be admitted by an emergency certificate to be
diagnosed and treated.
(Amends R.S. 28:2(39)(a)(intro. para.))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Restore present law relative to the transport of a patient to a treatment facility.
2. Make technical changes.
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.