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0 chapters · 237 sections in this title.
La. Rev. Stat. § 28:22.7 Geriatric hospitals and units
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§22.7. Geriatric hospitals and units A. The department may establish and administer geriatric hospitals or units to receive and care for persons who are elderly or infirm who have been discharged by a hospital for persons who have a mental illness and for other persons who are el…
La. Rev. Stat. § 28:22.8 State developmental centers
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§22.8. State developmental centers A. The names of the following state developmental centers for persons with developmental disabilities are designated as follows: (1) Pinecrest Supports and Services Center. (2) Repealed by Acts 2026, No. 715, §4, eff. Oct. 1, 2026. (3) Repealed …
La. Rev. Stat. § 28:22.9 Rosenblum Mental Health Center
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§22.9. Rosenblum Mental Health Center The name of the Hammond Mental Health Center is changed to the Rosenblum Mental Health Center and under such name it shall continue to serve as an outpatient center for the care, treatment, and rehabilitation of persons who have a mental illn…
La. Rev. Stat. § 28:221 Definitions
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§221. Definitions As used in this Part: (1) "Advance directive for behavioral health treatment" or "advance directive" means a written document voluntarily executed by a principal in accordance with the requirements of this Part and includes a declaration or the appointment of a …
La. Rev. Stat. § 28:222 Individuals who may make an advance directive for behavioral health treatment;
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§222. Individuals who may make an advance directive for behavioral health treatment; period of validity A. An adult who is not incapable may make an advance directive for behavioral health treatment. The preferences or instructions may include consent to or refusal of behavioral …
La. Rev. Stat. § 28:223 Designation of representative for decisions about behavioral health treatment
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§223. Designation of representative for decisions about behavioral health treatment An advance directive for behavioral health treatment may designate a competent adult to act as a representative to make decisions about behavioral health treatment. An alternative representative m…
La. Rev. Stat. § 28:224 Execution of advance directive; witnesses; psychiatric examination
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§224. Execution of advance directive; witnesses; psychiatric examination A. An advance directive for behavioral health treatment shall be valid only if it is signed by the principal and two competent witnesses and accompanied by a written psychiatric examination performed by a ph…
La. Rev. Stat. § 28:225 Operation of advance directive; physician or provider to act in accordance with
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§225. Operation of advance directive; physician or provider to act in accordance with advance directive A. An advance directive shall become operative when it is delivered to the principal's treating physician or other behavioral health treatment provider and shall remain valid u…
La. Rev. Stat. § 28:226 Determination of incapacity
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§226. Determination of incapacity A. The incapacity of a principal shall be established by two physicians who have personally examined the principal, determined that he is incapable, and signed a written certificate. The written certificate shall be made part of the principal's m…
La. Rev. Stat. § 28:227 Scope of authority of representative; powers and duties; limitation on liability
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§227. Scope of authority of representative; powers and duties; limitation on liability A. The representative shall not have the authority to make behavioral health treatment decisions unless the principal is determined to be incapable as provided in R.S. 28:226. B. The representa…
La. Rev. Stat. § 28:228 Prohibitions against requiring an individual to execute or refrain from executing an
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§228. Prohibitions against requiring an individual to execute or refrain from executing an advance directive An individual shall not be required to execute or to refrain from executing an advance directive for behavioral health treatment as a criterion for insurance, as a conditi…
La. Rev. Stat. § 28:229 Advance directive for behavioral health treatment; part of medical record; physician
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§229. Advance directive for behavioral health treatment; part of medical record; physician or provider compliance; withdrawal of physician or provider A. Upon being presented with an advance directive for behavioral health treatment, a physician or other provider shall make the a…
La. Rev. Stat. § 28:23 Psychiatric inpatient units in state general hospitals
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§23. Psychiatric inpatient units in state general hospitals The department may establish psychiatric inpatient units in state-owned or state-contracted general hospitals for the emergency and temporary care of cases of acute mental illness. Amended by Acts 1974, No. 294, §1; Acts…
La. Rev. Stat. § 28:230 Disregarding advance directives; circumstances
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§230. Disregarding advance directives; circumstances A. The physician or provider may subject a principal determined to be incapable pursuant to R.S. 28:226 to behavioral health treatment in a manner contrary to the principal's wishes as expressed in an advance directive for beha…
La. Rev. Stat. § 28:231 Revocation of advance directive
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§231. Revocation of advance directive An advance directive for mental health treatment may be revoked in whole or in part at any time by the principal if the principal is not incapable. Revocation shall be effective when a principal who is not capable communicates the revocation …
La. Rev. Stat. § 28:232 Limitations on liability of physician or provider
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§232. Limitations on liability of physician or provider A physician or provider who administers or does not administer behavioral health treatment according to and in good faith reliance upon the validity of an advance directive for behavioral health treatment shall not be subjec…
La. Rev. Stat. § 28:233 Individuals prohibited from serving as representative
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§233. Individuals prohibited from serving as representative The following individuals shall be prohibited from serving as a representative: (1) The treating physician, provider, or an employee of the physician or provider if the physician, provider, or employee is unrelated to th…
La. Rev. Stat. § 28:234 Individuals prohibited from serving as witnesses to advance directive for behavioral
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§234. Individuals prohibited from serving as witnesses to advance directive for behavioral health treatment The following individuals shall be prohibited from serving as a witness to the signing of an advance directive for behavioral health treatment: (1) The treating physician, …
La. Rev. Stat. § 28:235 Withdrawal of representative; rescission of withdrawal
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§235. Withdrawal of representative; rescission of withdrawal A. A representative may withdraw by giving notice to the principal. If a principal is incapable, the representative may withdraw by giving notice to the treating physician or provider. The treating physician or provider…
La. Rev. Stat. § 28:236 Form
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§236. Form The Louisiana Department of Health, in consultation with the Mental Health Advocacy Service, shall develop a form to implement the provisions of this Part. Acts 2001, No. 755, §1.
La. Rev. Stat. § 28:25 Provisions for close confinement of certain patients who have a mental illness
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§25. Provisions for close confinement of certain patients who have a mental illness A. At hospitals that it may designate, the department may provide facilities for the care and confinement of patients who have a mental illness and who require close confinement in the interest of…
La. Rev. Stat. § 28:25.1 Establishment of Feliciana Forensic Facility; authorization to establish forensic
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§25.1. Establishment of Feliciana Forensic Facility; authorization to establish forensic facilities in New Orleans, Baton Rouge, Shreveport, Alexandria, and surrounding areas A. The forensic unit at Eastern Louisiana Mental Health System is hereby declared to be a separate and di…
La. Rev. Stat. § 28:25.2 Granting of passes to Feliciana Forensic Facility clients
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§25.2. Granting of passes to Feliciana Forensic Facility clients A. Notwithstanding any other provision of law to the contrary, including any provision of the Code of Criminal Procedure, the administrator of the Feliciana Forensic Facility, in his discretion, may grant any client…
La. Rev. Stat. § 28:26 Psychiatric facility; forensic facility; prohibitions
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§26. Psychiatric facility; forensic facility; prohibitions A.(1) No forensic psychiatric hospital issued an initial license after August 1, 2024, shall be constructed, located, or established within one thousand feet of a public or private elementary or secondary school or any si…
La. Rev. Stat. § 28:3 Application of Chapter; costs
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§3. Application of Chapter; costs The provisions of this Chapter apply to persons who are suffering from mental illness or substance-related or addictive disorders. Nothing in this Chapter referring to costs shall be construed to defer or prevent the care of a person in a state p…
La. Rev. Stat. § 28:301 Legislative findings and purpose
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§301. Legislative findings and purpose A. The legislature finds that administrative duplication, workforce shortages, and regulatory inconsistencies reduce access to behavioral health services in Louisiana. B. The purpose of this Chapter is to eliminate unnecessary administrative…
La. Rev. Stat. § 28:302 Definitions
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§302. Definitions As used in this Chapter, the following terms have the following meanings: (1) "Cardiopulmonary resuscitation" or "CPR" means an emergency procedure combining chest compressions and breaths to maintain blood flow and oxygenation during cardiac arrest. (2) "CMS" m…
La. Rev. Stat. § 28:303 Pre-employment reference letters; prohibition
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§303. Pre-employment reference letters; prohibition A. Notwithstanding any provision of law or administrative rule to the contrary, the Louisiana Department of Health and any managed care entity administering Medicaid behavioral health services shall not require pre-employment re…
La. Rev. Stat. § 28:304 CPR, first aid, and seizure assessment training; approved programs
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§304. CPR, first aid, and seizure assessment training; approved programs A. The Louisiana Department of Health and any managed care entity administering Medicaid behavioral health services shall not require CPR, first aid certification, or seizure assessment training for behavior…
La. Rev. Stat. § 28:305 Supervision of licensed staff; alignment
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§305. Supervision of licensed staff; alignment A. For purposes of Medicaid behavioral health programs administered by the Louisiana Department of Health, supervision required for staff who are provisionally licensed or otherwise under supervision pursuant to the requirements of a…
La. Rev. Stat. § 28:306 Documentation timeliness; CMS alignment; exceptions
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§306. Documentation timeliness; CMS alignment; exceptions A. The Louisiana Department of Health shall revise Medicaid behavioral health provider progress note documentation requirements for CPST and PSR services to align with federal guidance stating that documentation shall be c…
La. Rev. Stat. § 28:307 Nursing requirement; provider equivalency
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§307. Nursing requirement; provider equivalency A. When a Medicaid behavioral health provider of CPST or PSR services is required by rule to maintain a nurse on staff or to maintain a written agreement for nursing services solely for the purpose of medication administration, such…
La. Rev. Stat. § 28:308 Medical director; inclusion of physician assistants
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§308. Medical director; inclusion of physician assistants A. A medical director for a Medical behavioral health provider of CPST or PSR services may be any of the following: (1) A physician. (2) An advanced practice registered nurse. (3) A medical psychologist. (4) A physician as…
La. Rev. Stat. § 28:31 Findings
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§31. Findings The legislature finds that there is a need for a secured residential facility for any person found not guilty of a crime by reason of insanity or found incompetent to stand trial after such person has been released from a state forensic facility. Historically, all s…
La. Rev. Stat. § 28:32 Definitions
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§32. Definitions As used in this Part: (1) "Department" means the Louisiana Louisiana Department of Health. (2) "Forensic clients" means persons transitioned from a forensic facility established pursuant to R.S. 28:25.1(A) or (B). (3) "Forensic supervised transitional residential…
La. Rev. Stat. § 28:33 Licensure of forensic supervised transitional residential and aftercare facilities
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§33. Licensure of forensic supervised transitional residential and aftercare facilities A. No agency, business, institution, society, corporation, person or persons, or any other group providing services as a forensic supervised transitional residential and aftercare facility may…
La. Rev. Stat. § 28:34 Rules and regulations; licensing standards
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§34. Rules and regulations; licensing standards A. The licensing agency of the department is hereby authorized and directed to promulgate and publish rules, regulations, and licensing standards in accordance with the Administrative Procedure Act to provide for the licensure of fo…
La. Rev. Stat. § 28:35 License issuance; application; on-site inspection
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§35. License issuance; application; on-site inspection A. Each application for licensure of a forensic supervised transitional residential and aftercare facility shall be submitted to the department on forms provided by the licensing agency and shall contain such information as t…
La. Rev. Stat. § 28:36 License renewal; failure to timely renew
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§36. License renewal; failure to timely renew A. As a condition for renewal of a license, the licensee shall submit to the licensing agency a completed annual renewal application on forms prescribed by the licensing agency and shall contain such information as required by the age…
La. Rev. Stat. § 28:37 Operation without license; penalty
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§37. Operation without license; penalty A. A forensic supervised transitional residential and aftercare facility shall not operate without a license issued by the licensing agency. Any such facility or provider operating without a license shall be guilty of a misdemeanor and upon…
La. Rev. Stat. § 28:4 Behavioral healthcare information; records
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§4. Behavioral healthcare information; records A. A healthcare professional or healthcare provider that provides behavioral health services shall accept documents, records, photos, testimonials, and other significant health-related collateral information provided by a patient's f…
La. Rev. Stat. § 28:451.1 Title; purpose; intent
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§451.1. Title; purpose; intent A. This Chapter shall be cited as the "Developmental Disability Law". B. It is the purpose of this Chapter to provide for a developmental disabilities services system that values all persons with developmental disabilities and affirms and protects t…
La. Rev. Stat. § 28:451.2 Definitions
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§451.2. Definitions As used in this Chapter, the following words, terms, and phrases have the meaning ascribed to them in this Section, except when the context clearly indicates a different meaning: (1) "Administrative unit" means a unit established under the administration and s…
La. Rev. Stat. § 28:451.3 Administration of the provisions of this Chapter; responsibilities of human services
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§451.3. Administration of the provisions of this Chapter; responsibilities of human services authorities and districts; advisory committees A. The provisions of this Chapter shall be administered and coordinated by the office according to regulations promulgated by the office in …
La. Rev. Stat. § 28:451.4 State developmental centers; office of state health care facilities
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§451.4. State developmental centers; office of state health care facilities A. The office of state health care facilities shall administer, supervise, and be responsible for the operation of state developmental centers providing developmental disabilities services. B. Pinecrest S…
La. Rev. Stat. § 28:451.5 Provision of additional living options and developmental disabilities services and supports
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§451.5. Provision of additional living options and developmental disabilities services and supports A. The office may provide developmental disabilities services directly pursuant to R.S. 28:451.3 or through written agreements with public or private providers meeting state and fe…
La. Rev. Stat. § 28:451.6 Assignment of property rights
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§451.6. Assignment of property rights A. By receiving services from and living in a licensed, state-operated, twenty-four-hour residential facility provided by or through the department, the person shall be deemed to have made an assignment to the department of his right, title, …
La. Rev. Stat. § 28:452.1 Rights of persons who have developmental disabilities
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§452.1. Rights of persons who have developmental disabilities A. The rights that are specifically enumerated in this Part are in addition to all other rights of persons with developmental disabilities protected under state and federal law and all rights enjoyed by all citizens of…
La. Rev. Stat. § 28:452.2 Principles for the developmental disabilities services system
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§452.2. Principles for the developmental disabilities services system The department through the office shall provide developmental disabilities services and supports consistent with the following principles, to the extent possible: A. Supports assist in enabling people to exerci…
La. Rev. Stat. § 28:453.1 Definition; establishment of the ombudsman program
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§453.1. Definition; establishment of the ombudsman program A. The term "ombudsman" shall refer to a person who is trained and certified as required by the Department of Justice. B. The ombudsman program is established in the Department of Justice for the purpose of monitoring car…
