Louisiana Revised Statutes 40:31.23 – Admissions; voluntary; involuntary
Terms Used In Louisiana Revised Statutes 40:31.23
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, a public or private corporation, an association, a partnership, a public body created by or pursuant to state law, the state of Louisiana, an agency or political subdivision of the state, a federally recognized Indian tribe, the United States government, a political subdivision of the United States government, and any officer, employee, and agent of one of those entities. See Louisiana Revised Statutes 40:5.8
- State health officer: means the legally appointed or acting state health officer as defined in La. See Louisiana Revised Statutes 40:5.8
A. Upon arrival at an inpatient facility for the treatment of active tuberculosis, a person certified for admission by the state health officer or his designee shall be provided an opportunity to execute an informed consent document wherein the person agrees to cooperate with the required treatment regimen. The admission of any person executing such a document shall be considered voluntary.
B. A refusal to execute the informed consent document provided for by Subsection A of this Section shall result in the involuntary admission of such person.
C. When a person admitted pursuant to the provisions of Subsection A of this Section at any time thereafter no longer desires to remain at the facility for tuberculosis treatment, he may sign a certificate requesting release. The director of the treatment facility shall immediately notify the state health officer or his designee of the person’s desire to be released. The state health officer or his designee shall determine if further inpatient treatment is necessary, and he may cause a petition for judicial commitment to be filed in the court having jurisdiction over the treatment facility within fifteen days of the person’s request for release. If no petition is timely filed, the person shall be released. If a petition is timely filed, the provisions of La. Rev. Stat. 40:31.25 shall apply.
Acts 1995, No. 373, §1, eff. June 16, 1995.