Louisiana Revised Statutes 28:224 – 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 exam
Terms Used In Louisiana Revised Statutes 28:224
- 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
- Fraud: Intentional deception resulting in injury to another.
- 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
- Psychologist: means a clinical or medical psychologist who is licensed to practice psychology in Louisiana. 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 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 physician or psychologist attesting to the principal’s ability to make reasoned decisions concerning his behavioral health treatment. The witnesses shall attest that the principal is known to them, signed the advance directive in their presence, and does not appear to be unable to make reasoned decisions concerning his behavioral health treatment or under duress, fraud, or undue influence. Individuals specified in La. Rev. Stat. 28:234 may not act as witnesses.
B. In determining the principal’s ability, the physician or psychologist should consider all of the following:
(1) Whether the principal demonstrates an awareness of the nature of his illness and situation.
(2) Whether the principal demonstrates an understanding of treatment and the risks, benefits, and alternatives.
(3) Whether the principal communicates a clear choice regarding treatment that is a reasoned one, even though it may not be in the person‘s best interest.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.