Louisiana Revised Statutes 28:221 – As used in this Part:
Terms Used In Louisiana Revised Statutes 28:221
- Addictive disorder: is a primary, chronic neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. See Louisiana Revised Statutes 28:2
- 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 representative or both. See Louisiana Revised Statutes 28:221
- Behavioral health: is a term used to refer to both mental health and substance use. See Louisiana Revised Statutes 28:2
- Behavioral health treatment: means treatment of mental illness with psychotropic medication, admission to and retention in a treatment facility, or outpatient services. See Louisiana Revised Statutes 28:221
- declaration: means a written document executed by a principal, in accordance with the requirements of this Part, setting forth preferences or instructions regarding behavioral health treatment in the event the principal is determined to be incapable and behavioral health treatment is necessary. See Louisiana Revised Statutes 28:221
- Incapable: means that, due to any infirmity, the principal is currently unable to make or to communicate reasoned decisions regarding the principal's behavioral health treatment. See Louisiana Revised Statutes 28:221
- Medical psychologist: means a psychologist who has undergone specialized training in clinical psychopharmacology and has passed a national proficiency examination in psychopharmacology approved by the Louisiana State Board of Medical Examiners and who holds a current and valid license from the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 28:2
- Outpatient services: means treatment for a mental illness or a substance-related or addictive disorder that is obtained on an outpatient basis. See Louisiana Revised Statutes 28:221
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Physician: means an individual licensed to practice medicine by the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 28:221
- Principal: means an individual who has executed an advance directive for behavioral health treatment. See Louisiana Revised Statutes 28:221
- Provider: means a behavioral health treatment provider. See Louisiana Revised Statutes 28:221
- Representative: means a competent adult validly appointed under La. See Louisiana Revised Statutes 28:221
- 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
- Treatment facility: includes but is not limited to the following, and shall be selected with consideration of first, medical suitability; second, least restriction of the person's liberty; third, nearness to the patient's usual residence; fourth, financial or other status of the patient; and fifth, patient's expressed preference, except that such considerations shall not apply to forensic facilities:
(i) Public and private behavioral health services providers licensed pursuant to La. See Louisiana Revised Statutes 28:2
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 representative or both.
(2) “Behavioral health treatment” means treatment of mental illness with psychotropic medication, admission to and retention in a treatment facility, or outpatient services. However, ” behavioral health treatment” shall not include admission to or retention in a treatment facility for a period in excess of fifteen days.
(3) “Declaration for behavioral health treatment” or “declaration” means a written document executed by a principal, in accordance with the requirements of this Part, setting forth preferences or instructions regarding behavioral health treatment in the event the principal is determined to be incapable and behavioral health treatment is necessary.
(4) “Director” or “administrator” means a person in charge of a treatment facility or his deputy.
(5) “Incapable” means that, due to any infirmity, the principal is currently unable to make or to communicate reasoned decisions regarding the principal’s behavioral health treatment.
(6) “Outpatient services” means treatment for a mental illness or a substance-related or addictive disorder that is obtained on an outpatient basis.
(7) “Physician” means an individual licensed to practice medicine by the Louisiana State Board of Medical Examiners.
(8) “Principal” means an individual who has executed an advance directive for behavioral health treatment.
(9) “Provider” means a behavioral health treatment provider.
(10) “Psychologist” means a clinical or medical psychologist who is licensed to practice psychology in Louisiana.
(11) “Representative” means a competent adult validly appointed under La. Rev. Stat. 28:223 to make behavioral health treatment decisions for a principal and also means an alternative representative.
(12) “Treating physician” means the physician who has primary responsibility for the behavioral health treatment of the principal.
(13) “Treatment facility” shall have the same meaning as provided in La. Rev. Stat. 28:2.
Acts 2001, No. 755, §1; Acts 2009, No. 251, §7, eff. Jan. 1, 2010; Acts 2017, No. 369, §2; Acts 2021, No. 238, §2.