Title 28, Mental Health
0 chapters · 365 sections in this title.
La. Rev. Stat. § 28:1 Short title
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§1. Short title This Chapter may be cited as the "Behavioral Health Law". Acts 2017, No. 369, §2.
La. Rev. Stat. § 28:100 Leaves of absence for patients
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§100. Leaves of absence for patients A. The treating physician may grant to patients leaves of absence for such time and upon such conditions as he prescribes. In granting leave, the director or administrator is subject to the restrictions provided in R.S. 28:96. B. A patient on …
La. Rev. Stat. § 28:100.1 Repealed by Acts 2017, No
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§100.1. Repealed by Acts 2017, No. 369, §7.
La. Rev. Stat. § 28:101 Boarding out patients
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§101. Boarding out patients A. Under conditions indicating rehabilitation possibilities, the director or administrator, with the consent of the department, may permit patients to board out with responsible persons who may be paid for their care of the patients. This Section does …
La. Rev. Stat. § 28:102 State psychiatric hospitals; return of escaped patients
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§102. State psychiatric hospitals; return of escaped patients Any escaped patient from a state psychiatric hospital shall be returned at the expense of the state psychiatric hospital from which he left without authorization unless his discharge is granted before his return. Amend…
La. Rev. Stat. § 28:103 Deportation of nonresident patients
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§103. Deportation of nonresident patients A. The department or executive authority of this state may return any nonresident patient to the state or country of which he is a legal resident. Pending the return, the department shall provide necessary temporary care for the patient. …
La. Rev. Stat. § 28:104 Importation of nonresident psychiatric patients prohibited
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§104. Importation of nonresident psychiatric patients prohibited A. No person or public carrier shall knowingly import a nonresident psychiatric patient into this state for the purpose of having him committed. B. Any person who violates the provisions of this Section shall be fin…
La. Rev. Stat. § 28:105 Extradition of escaped patients
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§105. Extradition of escaped patients A. For purposes of this Section, the following definitions relative to extradition of escaped patients apply: (1) "Executive authority" means the governor of a state or other executive of a territory, district, or insular or other possession …
La. Rev. Stat. § 28:11 Short title
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§11. Short title This Part shall be known and may be cited as the "Behavioral Health Services Preservation Act". Acts 2012, No. 506, §1; Acts 2017, No. 369, §2.
La. Rev. Stat. § 28:12 Legislative declaration of intent
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§12. Legislative declaration of intent It is the intent of the legislature to preserve vital state funding for behavioral health services to ensure delivery of and access to quality care for those in desperate need of such services throughout the state. Many citizens in the state…
La. Rev. Stat. § 28:13 Management of behavioral health resources
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§13. Management of behavioral health resources In the operational management of the office of behavioral health, the department may guarantee the efficient and effective use and retention of the state's scarce behavioral health resources to adequately provide for the peace, healt…
La. Rev. Stat. § 28:14 Funding priorities; cost-effectiveness
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§14. Funding priorities; cost-effectiveness A. The department may ensure that all current and future funds are expended in the most cost-effective manner and services are provided in accordance with recommended best practices subject to state oversight to ensure accountability to…
La. Rev. Stat. § 28:141 Costs of commitment and examination
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§141. Costs of commitment and examination A. If financially able, the patient or his legal guardian shall pay the costs of commitment, including examination fees, expenses incurred in calling witnesses, fees of counsel for the patient, and fees of the commission, otherwise the pa…
La. Rev. Stat. § 28:142 Costs of transportation
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§142. Costs of transportation A. If financially able, the patient or his legal guardian shall pay all costs incident to transporting the patient to the state psychiatric hospital; otherwise the department, in the case of a nonresident, or the parish in which the hearing was held,…
La. Rev. Stat. § 28:143 Costs of maintenance and daily care
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§143. Costs of maintenance and daily care A. The director or administrator of each state psychiatric hospital shall include the costs of maintenance and daily care of patients as an expense of the state psychiatric hospital and shall prepare budgets in accordance with the provisi…
La. Rev. Stat. § 28:144 Investigation and assessment of charges
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§144. Investigation and assessment of charges The department shall develop procedures to determine the ability of a patient or his legal guardian to pay all or a part of the costs of the patient's care and shall adopt a policy including rules and regulations for the assessment of…
La. Rev. Stat. § 28:145 Costs of transfer
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§145. Costs of transfer The person requesting the transfer shall pay the costs of transferring a patient between hospitals. The department shall pay the costs of transfers made at its request. Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 201…
La. Rev. Stat. § 28:146 Expenses incident to discharge, removal, or funeral
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§146. Expenses incident to discharge, removal, or funeral A. If financially able, the patient or his legal guardian shall pay the costs of the patient's funeral or his discharge and removal, including traveling expenses to his home; otherwise the state psychiatric hospital shall …
La. Rev. Stat. § 28:147 Method of collection
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§147. Method of collection The department may demand and receive any sums assessed as costs against a patient or his legal guardian, and in the case of nonpayment may sue to enforce collection. Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 20…
La. Rev. Stat. § 28:148 Expenses of deportation
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§148. Expenses of deportation Expenses for deporting a nonresident patient shall be paid by the department out of appropriations for persons who are indigent and have a mental illness. Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2014, No. 8…
La. Rev. Stat. § 28:15 Innovative behavioral health services; programs
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§15. Innovative behavioral health services; programs A. The department may develop goals, objectives, and priorities for the creation of innovative programs which promote and improve the behavioral health of the citizens of the state by making treatment and support services avail…
La. Rev. Stat. § 28:171 Enumerations of rights guaranteed
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§171. Enumerations of rights guaranteed A. No patient in a treatment facility pursuant to this Chapter shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the state of Louisiana, or the Constitution of the United States solely because o…
La. Rev. Stat. § 28:171.1 Principles for the behavioral health system
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§171.1. Principles for the behavioral health system The department and any entity which receives funding through a state contract to provide services to persons with needs relating to behavioral health, as defined in R.S. 28:2, shall provide, to the maximum extent possible, behav…
La. Rev. Stat. § 28:172 Deposit of patients' funds; disbursement
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§172. Deposit of patients' funds; disbursement A. The administrator of each state psychiatric hospital is authorized to receive and receipt for funds belonging to a patient and shall keep such funds on deposit for the use and benefit of the patient. Such funds shall be considered…
La. Rev. Stat. § 28:173 Interest earned on funds of psychiatric hospital patients
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§173. Interest earned on funds of psychiatric hospital patients Interest earned on funds of patients deposited with the psychiatric hospital shall be remitted to the individual patient. Added by Acts 1954, No. 427, §2; Acts 2017, No. 369, §2.
La. Rev. Stat. § 28:181 Improper commitment
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§181. Improper commitment Any person who, alone or in conspiracy with others, unlawfully, willfully, maliciously, and without reasonable cause, commits or attempts to commit any person not suffering from mental illness or a substance-related or addictive disorder to the extent th…
La. Rev. Stat. § 28:182 Repealed by Acts 2017, No
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§182. Repealed by Acts 2017, No. 369, §7.
La. Rev. Stat. § 28:183 Furnishing weapons
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§183. Furnishing weapons Any person who knowingly makes available any dangerous instrument or weapon to any client of any treatment facility shall be fined not more than five hundred dollars, imprisoned for not more than two years, or both. Amended by Acts 2017, No. 369, §2.
La. Rev. Stat. § 28:184 Furnishing intoxicants
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§184. Furnishing intoxicants Any person who knowingly makes available any intoxicant to any client of any treatment facility, except with the permission of the director or administrator, shall be fined not more than five hundred dollars, imprisoned for not more than one year, or …
La. Rev. Stat. § 28:185 Unlicensed counseling
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§185. Unlicensed counseling A. No person shall hold himself out to be a counselor with a specific specialty to provide mental health or substance-related or addictive disorder treatment services, or attempt to provide counseling services in this state, and receive fees either fro…
La. Rev. Stat. § 28:2 Definitions
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§2. Definitions Whenever used in this Title, the masculine shall include the feminine, the singular shall include the plural, and the following definitions apply: (1)(a) "Addictive disorder" is a primary, chronic neurobiologic disease with genetic, psychosocial, and environmental…
La. Rev. Stat. § 28:20 Admission to Louisiana Department of Health facilities; legislative findings; criteria
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§20. Admission to Louisiana Department of Health facilities; legislative findings; criteria A. The legislature hereby finds and declares that residents of Louisiana may require appropriate care for mental illness or developmental disabilities. However, the resources and staffing …
La. Rev. Stat. § 28:200 Promotion of a community-based system of care
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§200. Promotion of a community-based system of care It is hereby declared to be a function of the Louisiana Department of Health to promote the establishment and administration of a community-based system of care, including but not limited to community behavioral health clinics f…
La. Rev. Stat. § 28:201 Transfer of administration
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§201. Transfer of administration The department may continue to administer any such existing clinics, but its primary endeavor shall be to transfer responsibility for the administration of existing facilities or facilities that may hereafter be created to local associations, nonp…
La. Rev. Stat. § 28:202 Lease of land, buildings, and equipment
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§202. Lease of land, buildings, and equipment The department may lease to responsible local organizations or to the governing bodies of local public agencies any state-owned land, buildings, and equipment designed for or being operated as a behavioral health clinic. Acts 1978, No…
La. Rev. Stat. § 28:203 Standards of operation and maintenance; enforcement; entry and inspection
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§203. Standards of operation and maintenance; enforcement; entry and inspection The department shall adopt standards of operation and maintenance of behavioral health centers and facilities for persons with developmental disabilities and the secretary shall enforce such rules and…
La. Rev. Stat. § 28:204 Contracts
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§204. Contracts The department may contract with local voluntary associations, nonprofit corporations, police juries, school boards, municipalities, or other public agencies providing for the administration of such centers by the contracting local authority out of any funds, incl…
La. Rev. Stat. § 28:205 Allocation of funds
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§205. Allocation of funds The department shall have final authority in determining the percentage not to exceed seventy-five percent of state and federal funds or either that may be allotted to any community behavioral health center as contemplated by R.S. 28:204 but the allocati…
La. Rev. Stat. § 28:206 Continuum of care for the emotionally and behaviorally disturbed; statement of
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§206. Continuum of care for the emotionally and behaviorally disturbed; statement of policy; determination of need and site A. It is hereby declared to be the responsibility of the Louisiana Department of Health to promote the establishment of a continuum of care to house emotion…
La. Rev. Stat. § 28:21 State psychiatric hospitals
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§21. State psychiatric hospitals A. For purposes of this Part, "state psychiatric hospital" refers to the hospital at Jackson, known as the Eastern Louisiana Mental Health System, and the hospital at Pineville, known as the Central Louisiana State Hospital, which are designated a…
La. Rev. Stat. § 28:21.1 Substance-related and addictive disorders; treatment in state psychiatric hospitals
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§21.1. Substance-related and addictive disorders; treatment in state psychiatric hospitals A. The Louisiana Department of Health is authorized to accept indigent patients suffering from co-occurring substance-related or addictive disorders and to give such patients the care and t…
La. Rev. Stat. § 28:211 §211
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§211. §211. Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
La. Rev. Stat. § 28:212 REPEALED BY ACTS 1989, NO
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§212. REPEALED BY ACTS 1989, NO. 662, §8, EFF. JULY 7, 1989.
La. Rev. Stat. § 28:213 Repealed by Acts 2014, No
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§213. Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
La. Rev. Stat. § 28:215.1 Coroner's Strategic Initiative for a Health Information and Intervention Program;
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§215.1. Coroner's Strategic Initiative for a Health Information and Intervention Program; creation The office of the coroner in the parish of St. Tammany is hereby authorized to establish within his office a Coroner's Strategic Initiative for a Health Information and Intervention…
La. Rev. Stat. § 28:215.2 Coroner's Strategic Initiative for a Health Information and Intervention Program;
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§215.2. Coroner's Strategic Initiative for a Health Information and Intervention Program; powers and duties Subject to the availability of adequate funding, a CSI/HIP may perform any of the following functions: (1) Provide a home-based support system, which shall not provide any …
La. Rev. Stat. § 28:215.3 3 Treatment facilities; dissemination of information
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§215.3 Treatment facilities; dissemination of information A. Notwithstanding R.S. 28.2, for the purposes of this Section, "treatment facility" shall mean any healthcare facility which provides services or treatment to a person who is suffering from a mental illness or substance-r…
La. Rev. Stat. § 28:215.4 Consent
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§215.4. Consent A. Prior to personnel of the coroner's office or CSI/HIP providing any home-based supports or services to an individual, the personnel of the coroner's office or of the CSI/HIP shall provide to the individual in writing a full disclosure of all services to be prov…
La. Rev. Stat. § 28:215.5 Coroner's Strategic Initiative for a Health Information and Intervention Program;
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§215.5. Coroner's Strategic Initiative for a Health Information and Intervention Program; advisory board A. Each coroner establishing the program authorized in R.S. 28:215.1 shall establish a Coroner's Strategic Initiative for a Health Information and Intervention Program Advisor…
La. Rev. Stat. § 28:215.6 Limitation of liability
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§215.6. Limitation of liability A. Any and all personnel of the office of the coroner, who are performing duties in conjunction with the Coroner's Strategic Initiative for a Health Information and Intervention Program ("CSI/HIP"), shall be immune from criminal penalties or civil …