Louisiana Revised Statutes 28:97 – The department may order the examination and the discharge of any patient, except those committed in accordance with R.S. 28:59 and under Title XXI relating to insanity proceedings o
Terms Used In Louisiana Revised Statutes 28:97
- administrator: means a person in charge of a treatment facility or his deputy. See Louisiana Revised Statutes 28:2
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:2
- Discharge: means the full or conditional release from a treatment facility of any person admitted or otherwise detained under this Chapter. See Louisiana Revised Statutes 28:2
- Patient: means any person detained and taken care of as a person who has a mental illness or person who is suffering from a substance-related or addictive disorder. See Louisiana Revised Statutes 28:2
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Petition: means a written civil complaint filed by a person of legal age alleging that a person has a mental illness or is suffering from a substance-related or addictive disorder and requires judicial commitment to a treatment facility. See Louisiana Revised Statutes 28:2
- Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. See Louisiana Revised Statutes 28:2
The department may order the examination and the discharge of any patient, except those committed in accordance with La. Rev. Stat. 28:59 and under Title XXI relating to insanity proceedings of the Code of Criminal Procedure, if as a result of the examination it believes that the patient should no longer be detained. When a discharge in accordance with this Section is contemplated, the department shall give notice to the director or administrator and to the person who filed the original petition causing the patient to be committed, in order that they may state their reasons why the patient should be detained for further treatment.
Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 1987, No. 928, §2, eff. July 20, 1987; Acts 2017, No. 369, §2.