HLS 25RS-332 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 359
BY REPRESENTATIVE MILLER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MENTAL HEALTH: Provides relative to the mental health treatment of victims of human
sex trafficking
1 AN ACT
2To amend and reenact R.S. 28:53(A) and (B)(1), relative to admission by emergency
3 certificate; to provide for a mental illness or condition experienced by victims of sex
4 trafficking; to provide for duties of a healthcare professional; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 28:53(A) and (B)(1) are hereby amended and reenacted to read as
8follows:
9 ยง53. Admission by emergency certificate; extension; payment for services rendered
10 A.(1) A person who has a mental illness, a person who is a victim of sex
11 trafficking, or a person who is suffering from a substance-related or addictive
12 disorder may be admitted and detained at a treatment facility for observation,
13 diagnosis, and treatment for a period not to exceed fifteen days under an emergency
14 certificate.
15 (2) A person suffering from a substance-related or addictive disorder or who
16 is a victim of sex trafficking may be detained at a treatment facility for one
17 additional period, not to exceed fifteen days, provided that a second emergency
18 certificate is executed. A second certificate may be executed only if and when a
19 physician at the treatment facility and any other physician have examined the
20 detained person within seventy-two hours prior to the termination of the initial
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 359
1 fifteen-day period and certified in writing on the second certificate that the person
2 remains dangerous to himself or others or gravely disabled, and that his condition is
3 likely to improve during the extended period. The director shall inform the patient
4 of the execution of the second certificate, the length of the extended period, and the
5 specific reasons therefor, and shall also give notice of the same to the patient's
6 nearest relative or other designated responsible party initially notified pursuant to
7 Subsection F of this Section.
8 B.(1) Any physician licensed or permitted by the Louisiana State Board of
9 Medical Examiners, physician assistant when acting in accordance with their his
10 respective clinical practice guidelines, psychiatric mental health nurse practitioner,
11 other nurse practitioner who acts in accordance with a collaborative practice
12 agreement and receives verbal approval for executing the certificate from his
13 collaborating physician, or psychologist may execute an emergency certificate only
14 after an actual examination of a person alleged to have a mental illness, be suffering
15 from a mental illness or condition as result of his experience as a victim of sex
16 trafficking, or be suffering from a substance-related or addictive disorder who is
17 determined to be in need of immediate care and treatment in a treatment facility
18 because the examining physician, physician assistant when acting in accordance with
19 their respective clinical practice guidelines, psychiatric mental health nurse
20 practitioner, other nurse practitioner who acts in accordance with a collaborative
21 practice agreement and receives verbal approval for executing the certificate from
22 his collaborating physician, or psychologist determines the person to be dangerous
23 to self or others, suffering from a mental illness or condition as result of his
24 experience as a victim of sex trafficking, or to be gravely disabled. The actual
25 examination of the person by a psychiatrist or psychiatric mental health nurse
26 practitioner may be conducted by telehealth utilizing video conferencing technology,
27 provided that a licensed healthcare professional who can adequately and accurately
28 assist with obtaining any necessary information including but not limited to the
29 information listed in Paragraph (4) of this Subsection shall be in the examination
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HB NO. 359
1 room with the patient at the time of the video conference. A patient examined in
2 such a manner shall be medically cleared prior to admission to a mental health
3 treatment facility. Failure to conduct an examination prior to the execution of the
4 certificate will be evidence of gross negligence.
5 * * *
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 359 Original 2025 Regular Session Miller
Abstract: Clarifies that a victim of sex trafficking may suffer from a mental illness or
condition as a result of the victim's experiences that may require a qualified
healthcare professional to determine that an emergency certificate may be
appropriate.
Present law provides that an individual with a mental illness or substance abuse or addiction
disorder may be admitted and detained at a treatment facility of up to two periods of 15 days
by a qualified healthcare professional executing an emergency certificate.
Present law requires that a qualified healthcare professional conduct an examination of the
individual and determine that the individual is a danger to self or others or is gravely
disabled in order to execute an emergency certificate.
Proposed law modifies present law clarifying that a victim of sex trafficking may suffer a
mental illness or condition as a result of the victim's experiences that rises to a level that a
qualified healthcare professional may determine that executing an emergency certificate is
appropriate.
(Amends R.S. 28:53(A) and (B)(1))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.