Title 28, Mental Health
0 chapters · 365 sections in this title.
La. Rev. Stat. § 28:66 Criteria for civil involuntary outpatient treatment
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§66. Criteria for civil involuntary outpatient treatment A. A respondent may be ordered to obtain civil involuntary outpatient treatment if the court finds that all of the following conditions apply: (1) The respondent is eighteen years of age or older. (2) The respondent is suff…
La. Rev. Stat. § 28:67 Petition to the court
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§67. Petition to the court A petition for an order authorizing involuntary outpatient treatment may be filed in the judicial district in the parish in which the respondent is present or reasonably believed to be present or in the judicial district where the respondent resides. A …
La. Rev. Stat. § 28:68 Petition
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§68. Petition A. The petition shall contain the facts which are the basis of the assertion that the respondent meets each of the criteria in R.S. 28:66 that the respondent is present or reasonably believed to be present in the parish where filed or that the respondent is a reside…
La. Rev. Stat. § 28:69 Procedure
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§69. Procedure A.(1) Upon the filing of the petition authorized by R.S. 28:67, the court shall assign a time and place for a hearing as promptly as is practical, but in no case later than thirty days after the filing of the petition, which may be conducted before any judge in the…
La. Rev. Stat. § 28:70 Written treatment plan for involuntary outpatient treatment
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§70. Written treatment plan for involuntary outpatient treatment A. The court shall not order involuntary outpatient treatment unless an examining physician, psychiatric mental health nurse practitioner, or psychologist develops and provides to the court a proposed written treatm…
La. Rev. Stat. § 28:71 Disposition
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§71. Disposition A. If the court determines that the respondent does not meet the criteria for involuntary outpatient treatment, the court shall dismiss the petition. B. If the court finds by clear and convincing evidence that the respondent meets the criteria for involuntary out…
La. Rev. Stat. § 28:72 Application for additional periods of treatment
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§72. Application for additional periods of treatment A. The court order for outpatient treatment shall expire at the end of the specified period unless a petition for an extension has been filed. If any person or entity authorized within R.S. 28:67 determines that a respondent re…
La. Rev. Stat. § 28:721 Recognition and enactment of compact; substance and purposes
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§721. Recognition and enactment of compact; substance and purposes The Interstate Compact on Mental Health is hereby recognized and enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows: INTERSTATE COMPA…
La. Rev. Stat. § 28:722 Compact administrator; powers
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§722. Compact administrator; powers Pursuant to said compact, the secretary of the Louisiana Department of Health shall be the compact administrator and, acting jointly with like officers or other party states, he shall have the power to promulgate rules and regulations to carry …
La. Rev. Stat. § 28:723 Supplementary agreements
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§723. Supplementary agreements The compact administrator is hereby authorized and empowered to enter into supplementary agreement with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall requi…
La. Rev. Stat. § 28:724 Discharge of financial obligations
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§724. Discharge of financial obligations The compact administrator may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder. Added by Acts 1958, No. 336, …
La. Rev. Stat. § 28:725 Proposed transferees
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§725. Proposed transferees The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action wi…
La. Rev. Stat. § 28:726 Distribution of copies of law
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§726. Distribution of copies of law Duly authorized copies of this law shall, upon its approval, be transmitted by the compact administrator to the governor of each state, the attorney general and the administrator of the general services administration of the United States, and …
La. Rev. Stat. § 28:73 Application to stay, vacate, or modify
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§73. Application to stay, vacate, or modify In addition to any right or remedy available by law, the respondent may apply to the court to stay, vacate, or modify the order based on a change in circumstances and he shall notify the director of the local governing entity or designe…
La. Rev. Stat. § 28:74 Appeals
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§74. Appeals Review of an order issued pursuant to this Part shall be in accordance with R.S. 28:56(D) and (E). Acts 2008, No. 407, §2.
La. Rev. Stat. § 28:75 Failure to comply with involuntary outpatient treatment
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§75. Failure to comply with involuntary outpatient treatment A. 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 assertive commun…
La. Rev. Stat. § 28:750 Purpose and establishment of Louisiana Developmental Disabilities
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§750. Purpose and establishment of Louisiana Developmental Disabilities Council A. The purpose of this Chapter is to establish the Louisiana Developmental Disabilities Council to coordinate, monitor, plan, and evaluate those services, other assistance, and opportunities necessary…
La. Rev. Stat. § 28:751 Definitions
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§751. Definitions For purposes of this Chapter: (1) "Council" means Louisiana Developmental Disabilities Council. (2) "Developmental disability" means: (a) A severe, chronic disability of a person which: (i) Is attributable to a mental or physical impairment or combination of men…
La. Rev. Stat. § 28:752 Responsibilities
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§752. Responsibilities The responsibilities of the council shall include but not be limited to the following: (1) To assist in the development of state plans to include the establishment of goals and priorities for meeting the needs of persons with developmental disabilities. (2)…
La. Rev. Stat. § 28:753 Membership
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§753. Membership A. Council members shall be appointed by the governor. Membership of the council shall not exceed twenty-eight persons. At least sixty percent of the membership of the council shall consist of individuals with developmental disabilities, parents or guardians of c…
La. Rev. Stat. § 28:754 Council officers
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§754. Council officers The officers of the council shall be the chairperson and vice-chairperson and shall be elected by the council in accordance with the bylaws. Added by Acts 1982, No. 528, §1.
La. Rev. Stat. § 28:755 Council remuneration
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§755. Council remuneration Members of the council shall not be entitled to compensation for their services as members but shall be reimbursed for actual travel expenses as provided by law and travel regulations issued by the Division of Administration. Those members of the counci…
La. Rev. Stat. § 28:756 Council bylaws
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§756. Council bylaws The council shall adopt and amend bylaws governing its proceedings, activities, and organization, including but not limited to, provisions for election of officers, rotation of members, quorum, procedure, frequency, and location of meetings, and establishment…
La. Rev. Stat. § 28:757 Council staffing
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§757. Council staffing The council shall have full appointing authority for all personnel purposes and shall be empowered to hire and supervise sufficient staff to ensure the council's ability to fulfill its responsibilities. Two of these positions shall be unclassified civil ser…
La. Rev. Stat. § 28:758 Regulations
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§758. Regulations The council may adopt regulations in fulfillment of its responsibilities in accordance with Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950. Added by Acts 1982, No. 528, §1.
La. Rev. Stat. § 28:76 Definitions
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§76. Definitions As used in this Part, "Physician's Report to Court" means the reports provided for in R.S. 28:56(A)(2)(b). Acts 2018, No. 375, §1.
La. Rev. Stat. § 28:77 Fees and court costs
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§77. Fees and court costs Assistive outpatient treatment proceedings shall be exempt from charges for filing fees or taxing of court costs. Acts 2021, No. 329, §1.
La. Rev. Stat. § 28:771 Office of behavioral health; functions regarding substance-related and addictive
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§771. Office of behavioral health; functions regarding substance-related and addictive disorders A. The office of behavioral health of the Louisiana Department of Health, hereinafter referred to as the "office", shall perform the functions of the state relating to the care, train…
La. Rev. Stat. § 28:772 Funding of regional addictive disorder services
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§772. Funding of regional addictive disorder services A.(1) Funding for regional substance-related and addictive disorder services as defined in Subsection B of this Section shall be allocated to each region according to a formula developed by the assistant secretary of the offic…
La. Rev. Stat. § 28:801 Short title
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§801. Short title This Chapter shall be known and may be cited as the "Louisiana Suicide Prevention Act". Acts 2018, No. 450, §1.
La. Rev. Stat. § 28:802 Definitions
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§802. Definitions For purposes of this Chapter, the following terms have the meaning ascribed to them in this Section: (1) "America's Health Rankings report" means the annual report of that name published by the United Health Foundation. (2) "Department" means the Louisiana Depar…
La. Rev. Stat. § 28:803 Legislative findings and declaration; purpose
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§803. Legislative findings and declaration; purpose A. The legislature hereby finds and declares all of the following: (1) An individual suicide is a tragic event, and suicide generally is now recognized as a serious public health concern. (2) According to the 2016 America's Heal…
La. Rev. Stat. § 28:804 Sources of funding authorized
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§804. Sources of funding authorized The office of behavioral health may receive and expend funds as may be necessary to carry out the requirements of this Chapter, including but not limited to funds appropriated by the legislature, including any appropriation of federal funds; an…
La. Rev. Stat. § 28:805 Repealed by Acts 1997, No
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§805. Repealed by Acts 1997, No. 1116, §2.
La. Rev. Stat. § 28:806 Repealed by Acts 1997, No
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§806. Repealed by Acts 1997, No. 1116, §2.
La. Rev. Stat. § 28:807 Zero suicide initiative; creation
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§807. Zero suicide initiative; creation A. The legislature hereby creates the zero suicide initiative, which shall be administered by the office of behavioral health in accordance with the provisions of this Part. B. The legislature hereby declares that the zero suicide initiativ…
La. Rev. Stat. § 28:808 Zero suicide initiative; administration; duties of the office of behavioral health
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§808. Zero suicide initiative; administration; duties of the office of behavioral health A. In administering the zero suicide initiative, the office of behavioral health shall ensure that the initiative incorporates, at minimum, all of the following components as set forth by the…
La. Rev. Stat. § 28:809 Legislative intent; stakeholder collaboration and coordination in the zero suicide
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§809. Legislative intent; stakeholder collaboration and coordination in the zero suicide initiative Because suicide in Louisiana is a primary public health concern, the legislature intends that the office of behavioral health, state and local criminal justice systems, healthcare …
La. Rev. Stat. § 28:811 State suicide prevention plan; creation; goals; publication; report to governor and
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§811. State suicide prevention plan; creation; goals; publication; report to governor and legislature A. The Louisiana suicide prevention plan, referred to in this Section as the "state suicide prevention plan", is hereby created as an initiative of the office of behavioral healt…
La. Rev. Stat. § 28:812 Stakeholder collaboration and coordination in suicide prevention plan
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§812. Stakeholder collaboration and coordination in suicide prevention plan The legislature intends that the following systems and organizations contribute to the development and implementation of the state suicide prevention plan: (1) Community mental health centers. (2) Behavio…
La. Rev. Stat. § 28:813 Administrative rulemaking
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§813. Administrative rulemaking The department shall promulgate all rules and regulations in accordance with the Administrative Procedure Act as may be necessary to implement the provisions of this Part. Acts 2018, No. 450, §1.
La. Rev. Stat. § 28:814 Implementation
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§814. Implementation Implementation of this Chapter shall be contingent upon receipt of grant funding. Acts 2018, No. 450, §1.
La. Rev. Stat. § 28:821 Findings and purpose
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§821. Findings and purpose A. The Legislature of Louisiana finds that services for persons with developmental disabilities should be responsive to the needs of the individual and his family, rather than fitting the person into existing programs. The legislature further finds that…
La. Rev. Stat. § 28:822 Definitions
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§822. Definitions The following definitions shall apply: (1) "Adult" means an individual eighteen years of age or older. (2) "Cash subsidy" means a monetary payment to eligible families of children with developmental disabilities to offset the costs of services and equipment. The…
La. Rev. Stat. § 28:823 Principles
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§823. Principles The following ideals shall be the guiding principles for the development of a Community and Family Support System plan: (1) The family of each child with developmental disabilities shall be provided the support necessary so that the child may live in a stable fam…
La. Rev. Stat. § 28:824 Community and Family Support System plan
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§824. Community and Family Support System plan A. Repealed by Acts 2022, No. 252, §1. B. Repealed by Acts 2022, No. 252, §1. C. Repealed by Acts 2022, No. 252, §1. D. Repealed by Acts 2022, No. 252, §1. E. Repealed by Acts 2022, No. 252, §1. F. Repealed by Acts 2022, No. 252, §1.…
La. Rev. Stat. § 28:825 Administering medication
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§825. Administering medication Personal care attendants, home- and community-based service provider workers, as defined in R.S. 40:2120.2, and respite care workers providing in-home services to persons with developmental disabilities pursuant to a Medicaid waiver may administer m…
La. Rev. Stat. § 28:826 Disability Services Fund
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§826. Disability Services Fund A. There is hereby created, as a special fund in the state treasury, the Disability Services Fund, hereafter sometimes referred to as "the fund." B.(1) Notwithstanding any other provision of law to the contrary, after compliance with the requirement…
La. Rev. Stat. § 28:827 Active duty military families
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§827. Active duty military families A. Any active duty member of the armed forces who has been temporarily assigned to work outside of Louisiana and any member of his immediate family who has qualified for and has received Louisiana Medicaid waiver services provided under the New…
La. Rev. Stat. § 28:831 Repealed by Acts 2017, No
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§831. Repealed by Acts 2017, No. 73, §2, eff. June 7, 2017.