Louisiana Revised Statutes 28:222 – 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 health
Terms Used In Louisiana Revised Statutes 28:222
- 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
- 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
- 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
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 health treatment.
B. An advance directive for behavioral health treatment shall continue in effect for a period of five years or until revoked, whichever occurs first. The authority of a named representative and any alternative representative named in the advance directive for behavioral health treatment shall continue in effect as long as the advance directive appointing the representative is in effect or until the representative has withdrawn.
C. If an advance directive for behavioral health treatment has been delivered to the principal‘s treating physician or other provider and the principal has been determined to be incapable pursuant to La. Rev. Stat. 28:226, at the expiration of five years after its execution, it shall remain effective until the principal is no longer incapable.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.