Sections
Part I Short Title, Interpretations, and Definitions 28:1 – 28:3
Part I-A Behavioral Health Services Preservation Act 28:11 – 28:15
Part II Facilities and Places for Behavioral Health Patients or Clients 28:20 – 28:25.2
Part II-A Forensic Supervised Transitional Residential and Aftercare Facilities 28:31 – 28:37
Part III Examination, Admission, Commitment, and Treatment of Persons Suffering From Mental Illness and Substance-Related or Addictive Disorders 28:50 – 28:64
Part III-A Assistive Outpatient Treatment 28:66 – 28:77
Part IV Transfer, Discharge, Leave of Absence, Return of Escaped Patients, Boarding Out of Patients Interstate Rendition and Deportation 28:91 – 28:105
Part V Fees and Costs 28:141 – 28:148
Part VI Rights of Persons Suffering From Mental Illness and Substance-Related or Addictive Disorders 28:171 – 28:173
Part VII Penalties 28:181 – 28:185
Part VIII Community Behavioral Health and Developmental Disabilities Centers, Facilities, and Services 28:200 – 28:206
Part IX-A Coroner’s Strategic Initiative for a Health Information and Intervention Program 28:215.1 – 28:215.6
Part X Advance Directives for Behavioral Health Treatment 28:221 – 28:236

Terms Used In Louisiana Revised Statutes > Title 28 > Chapter 1 - Behavioral Health Law

  • Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the annuity savings fund, together with regular interest thereon. See Louisiana Revised Statutes 11:1002
  • Accumulated contributions: means the sum of all regular contributions, plus regular interest thereon, placed to the credit of the participant in the annuity savings account. See Louisiana Revised Statutes 11:951.1
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Active duty: means active duty pursuant to an executive order of the president of the United States, an act of the Congress of the United States, or the provisions of La. See Louisiana Revised Statutes 29:311
  • Actuarial equivalent: means a benefit of equal value when computed upon the basis of the mortality tables adopted by the board of trustees plus regular interest. See Louisiana Revised Statutes 11:951.1
  • 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
  • Administrative costs: means costs incurred by the Louisiana Department of Health, office of public health in the administration of the program, including but not limited to:

                (a) Program startup costs. See Louisiana Revised Statutes 40:2822

  • administrator: means a person in charge of a treatment facility or his deputy. See Louisiana Revised Statutes 28:221
  • Administrator: means the administrator of veterans' affairs of the United States or his successor. See Louisiana Revised Statutes 29:351
  • administrator: means a person in charge of a treatment facility or his deputy. 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
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. See Louisiana Revised Statutes 42:341
  • Agency: means a department, office, division, agency, commission, board, committee, or other organizational unit of state government. See Louisiana Revised Statutes 42:352
  • Agency: means any governing body employing persons in the public school system. See Louisiana Revised Statutes 11:1002
  • Agency head: means the chief executive or administrative officer of an agency or the chairman of a board or commission. See Louisiana Revised Statutes 42:341
  • Agency head: means the chief executive, administrative officer of an agency, or the chairman of a board or commission. See Louisiana Revised Statutes 42:352
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity: means annual payments for life, payable in equal monthly installments, derived from the accumulated contributions placed to the credit of the participant in the annuity reserve account. See Louisiana Revised Statutes 11:951.1
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means a parish or municipality, or both, authorized by law to perform governmental functions and any special district created for the purpose of drainage and/or flood control. See Louisiana Revised Statutes 38:90.1
  • Authorized agent: means an employee of the department designated by the state health officer to enforce the provisions of this Chapter. See Louisiana Revised Statutes 40:2703
  • Bank stabilization works: means concrete, rock, masonry, rip-rap, or similar materials used to cover existing banks or shorelines or bulkheads located above the mean low water line, all in acres subject to erosion, to combat the same. See Louisiana Revised Statutes 41:1704
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means any person in receipt of a pension, an annuity, a retirement allowance or other benefit provided by this Chapter. See Louisiana Revised Statutes 11:1002
  • Benefits: means all moneys paid or payable by the United States through the veterans administration. See Louisiana Revised Statutes 29:351
  • Board: means the Louisiana Emergency Response Network Board. See Louisiana Revised Statutes 40:2842
  • board: means the governing authority which has the ultimate jurisdiction over a profession, occupation, or activity which under state law or regulation requires a person to meet certain skills, training, or educational standards prior to being authorized, licensed, or certified to practice or to render a specific service or engage in a trade. See Louisiana Revised Statutes 42:92
  • Board of Trustees: means the board provided to administer the retirement system. See Louisiana Revised Statutes 11:1002
  • Board of trustees: means and includes the members of the board of trustees of the retirement system. See Louisiana Revised Statutes 11:951.1
  • Bond commission: means the State Bond Commission or any other entity authorized to approve and/or issue bonds for a municipality, including without limitation, the Board of Liquidation, City Debt, which is the appropriate bond commission for the city of New Orleans and the Sewerage and Water Board of New Orleans. See Louisiana Revised Statutes 38:90.1
  • bonds: means any bonds, notes, warrants, certificates of indebtedness, certificates of participation or other written contracts, agreements, or instruments evidencing the obligation of a governmental entity to repay borrowed money, regardless of the designation thereof. See Louisiana Revised Statutes 39:503
  • Capitalization grant: means the assistance agreement by which the United States Environmental Protection Agency obligates and awards funds allotted to the state for the purposes of capitalizing the Drinking Water Revolving Loan Fund as well as any other monies for other purposes authorized by the federal act. See Louisiana Revised Statutes 40:2822
  • Chambers: A judge's office.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Client: refers to a recipient of services who has been charged with or convicted of a crime and who requires special protection and restraint in a forensic treatment facility. See Louisiana Revised Statutes 28:2
  • Commercial: means built or operated for any purpose where revenue is produced or profit realized. See Louisiana Revised Statutes 41:1704
  • Commercial body art facility: means any location, place, area, or business, whether permanent or temporary, which provides consumers access to personal services workers who for remuneration perform any of the following procedures:

                (a) Tattooing or the insertion of pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible under the skin. See Louisiana Revised Statutes 40:2831

  • Commissioner: means the Louisiana commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:921
  • Committee: means the Joint Legislative Committee on Transportation, Highways and Public Works. See Louisiana Revised Statutes 38:90.1
  • Community health worker: means an individual who serves as a liaison for community members to facilitate access to health and social services and to improve quality and cultural competence of service delivery through outreach, education, support, and advocacy. See Louisiana Revised Statutes 37:3722
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conditional discharge: means the physical release of a judicially committed person from a treatment facility by the director or administrator or by the court. See Louisiana Revised Statutes 28:2
  • Consumer: means any individual who is provided access to a tanning facility which is required to be registered pursuant to provisions of this Chapter. See Louisiana Revised Statutes 40:2703
  • Consumer: means any individual who is provided access to a commercial body art facility which is required to be registered pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 40:2831
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cost: means , with reference to a project, all capital costs incurred or to be incurred for a public water system, including but not limited to:

                (a) Engineering, financing, and other fees. See Louisiana Revised Statutes 40:2822

  • Costs of issuance: means all items of expense related to the authorization, sale and issuance of bonds, including but not limited to printing costs, costs of preparation and reproduction of documents, filing and recording fees, fees and charges of any fiduciary, legal fees and charges of any counsels necessary in connection with the issuance of bonds, costs of preparation, printing, and distribution of official statements or other disclosure documents, fees and disbursements of consultants and professionals in connection with the issuance of bonds, costs of credit ratings, fees and charges for preparation, execution, transportation, and safekeeping of bonds, costs and expenses of refunding, underwriters discount or placement fees, costs of any credit enhancement, costs of any financial products agreement, and any other cost, charge, or fee in connection with the issuance of bonds. See Louisiana Revised Statutes 39:503
  • Council: means the Legislative Audit Advisory Council. See Louisiana Revised Statutes 38:90.1
  • Court: means any duly constituted district court or court having family or juvenile jurisdiction. See Louisiana Revised Statutes 28:2
  • Covered produce farm: means any farm engaged in the growing, harvesting, packing, or holding of produce for human consumption which is subject to the requirements of the FDA Food Safety Modernization Act, but shall not include farms that have twenty-five thousand dollars or less of gross income from sales of produce in a year. See Louisiana Revised Statutes 3:921
  • Credit enhancement: means any letter of credit, insurance policy, surety bond, standby bond purchase agreement, reserve fund surety bond, or similar facility as used for the purpose of enhancing the security or credit quality of bonds. See Louisiana Revised Statutes 39:503
  • Creditable service: means prior service plus subsequent service for which credit is allowable as provided for in this Part. See Louisiana Revised Statutes 11:951.1
  • Curator: means any person acting as a fiduciary for an incompetent ward. See Louisiana Revised Statutes 29:351
  • Dam: is a ny artificial barrier, including appurtenant works, which does or will impound or divert water or any other liquid substance and which has or will have a dam height of twenty-five feet or more or has or will have a maximum liquid storage capacity of fifty acre-feet or more. See Louisiana Revised Statutes 38:22
  • Dangerous to others: means the condition of a person whose behavior or significant threats support a reasonable expectation that there is a substantial risk that he will inflict physical harm upon another person in the near future. See Louisiana Revised Statutes 28:2
  • Dangerous to self: means the condition of a person whose behavior, significant threats or inaction supports a reasonable expectation that there is a substantial risk that he will inflict physical or sever emotional harm upon his own person. See Louisiana Revised Statutes 28:2
  • Decedent: A deceased person.
  • 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
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2703
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2831
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2842
  • Department: means the Louisiana Louisiana Department of Health. See Louisiana Revised Statutes 28:32
  • Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:921
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:2
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 37:3722
  • Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
  • Dependent: A person dependent for support upon another.
  • Deposit: means the action of placing or moving materials by artificial means, over state lands which results in or adds to a landfill, whether contained within a bulkhead or not. See Louisiana Revised Statutes 41:1704
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Diagnosis: means the art and science of determining the presence of disease in an individual and distinguishing one disease from another. See Louisiana Revised Statutes 28:2
  • Disadvantaged community: means the service area of a public water system wherein the system's existing or projected rates for water service do not meet affordability criteria established under the Intended Use Plan of the Louisiana Department of Health, office of public health. See Louisiana Revised Statutes 40:2822
  • 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
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Drinking Water Revolving Loan Fund: means the revolving loan fund established under this Chapter pursuant to the authority of the federal act. See Louisiana Revised Statutes 40:2822
  • Elected official: means any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. See Louisiana Revised Statutes 42:341
  • Elected official: means any person holding an office in state government which is filled by the vote of the electorate. See Louisiana Revised Statutes 42:352
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Employee: means any person legally occupying a position as a school bus driver who actually renders a service by driving a school bus during the full time of his employment, a school janitor, a school custodian, a school maintenance employee, school bus aide, monitor or attendant, or other regular school employee who actually works on a school bus helping with the transportation of school children, and who is a legal employee of a parish or city school board of the state of Louisiana, and shall include the employees of this system. See Louisiana Revised Statutes 11:1002
  • Employee: means any person regularly employed in any capacity under the control of the Orleans Parish School Board who is not a teacher or whose legal employment does not require the holding of a teacher's certificate, including employees of the public school lunch department, all skilled and unskilled employees of the maintenance department, managers, custodians, subcustodians, and others who are not temporarily employed, and are paid out of funds under the control of the Orleans Parish School Board, who are not now eligible for membership in any other retirement system created or established by the State of Louisiana or any of its political subdivisions. See Louisiana Revised Statutes 11:951.1
  • employee of a police department: as used in this Subpart shall include all persons employed or engaged full time and paid by the municipalities affected by this Subpart, for the enforcement of laws and ordinances and the general preservation of the public peace and order, including jailers and radio operators not otherwise classified, but shall not include or mean pound keepers, dog catchers, janitors, porters, elevator operators, chefs, kitchen helpers and workers, mechanics and mechanical helpers, special guards, physicians, carpenters, sign painters, any part-time or temporary employee, or any other employment of such special nature. See Louisiana Revised Statutes 33:2211
  • Employer: means the state of Louisiana or any parish or city school board from which any employee receives his compensation. See Louisiana Revised Statutes 11:1002
  • Encroachment: means any construction, or improvement, obstacle, fill, or material which is placed upon or maintained upon state lands. See Louisiana Revised Statutes 41:1704
  • Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
  • Environmental review: means an environmental review process conducted by the Louisiana Department of Health of any public water system that has applied for or has received a loan or other assistance from the program. See Louisiana Revised Statutes 40:2822
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Estate: means income on hand and assets acquired partially or wholly with income. See Louisiana Revised Statutes 29:351
  • Evaluation committee: means the Flood Control Project Evaluation Committee. See Louisiana Revised Statutes 38:90.1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal act: means the federal Safe Drinking Water Act (42 U. See Louisiana Revised Statutes 40:2822
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • FERC licensee: shall mean and refer to:

    (i)  Any person licensed by the Federal Energy Regulatory Commission or other appropriate federal agency on or before December 31, 1988, to construct, operate, or maintain a run-of-the-river hydroelectric generating facility located on the Mississippi River in the state of Louisiana;

    (ii)  Any person to whom such license has been transferred, in whole or in part, with the approval of the Federal Energy Regulatory Commission, or other appropriate federal agency;

    (iii)  Any successor, by involuntary transfer or foreclosure or otherwise, to any person to whom such license had been issued, transferred, or assigned, and all subsequent successors of any of the foregoing persons;

    (iv)  Any assign of any person to whom such license had been issued, transferred, or assigned;

    (v)  Any successor owner of such hydroelectric facilities;

    (b)  The term "person" shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated association, or a government or any agency, municipality, parish, or political subdivision thereof; and

    (c)  The terms "hydroelectric facilities" or "hydroelectric generating facilities" shall mean and refer to a run-of-the-river hydroelectric generating facility located on the Mississippi River in the state of Louisiana and initially licensed by the Federal Energy Regulatory Commission or other appropriate federal agency on or before December 31, 1988. See Louisiana Revised Statutes 33:4263

  • Fiduciary: A trustee, executor, or administrator.
  • Financial products agreement: means an interest rate swap, cap, collar, floor, other hedging agreement, arrangement, or security, however denominated, entered into by a governmental entity not for investment purposes but with respect to a series of bonds for the purpose of reducing or otherwise managing the risk of interest rate changes, or effectively converting a governmental entity's interest rate exposure, in whole or in part, from a fixed rate exposure to a variable rate exposure, or from a variable rate exposure to a fixed rate exposure. See Louisiana Revised Statutes 39:503
  • Fire employee: includes any person employed in the fire department of any municipality, parish, or fire protection district maintaining a full-time regularly paid fire department, regardless of the specific duties of such person within the fire department, and who is under investigation with a view to possible disciplinary action, demotion, or dismissal. See Louisiana Revised Statutes 33:2181
  • fireman: as used in this Subpart includes all persons employed or engaged full-time by municipalities or municipal fire departments, parishes or parish fire departments, or fire protection districts for firefighting, fire prevention, fire record clerk, fire investigation, fire protection, or emergency duties and services, or the fire training officers of such persons. See Louisiana Revised Statutes 33:1991
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forensic clients: means persons transitioned from a forensic facility established pursuant to La. See Louisiana Revised Statutes 28:32
  • Forensic supervised transitional residential and aftercare facility: means an agency, business, institution, society, corporation, person or persons, or any other group, licensed by the department to provide supervised transitional residential and aftercare services to forensic clients including persons in court-ordered conditional release status. See Louisiana Revised Statutes 28:32
  • Formal voluntary admission: means the admission of a person suffering from mental illness or a substance-related or addictive disorder desiring admission to a treatment facility for diagnosis or treatment of such condition who may be formally admitted upon his written request. See Louisiana Revised Statutes 28:2
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gestational carrier: means a woman who agrees to engage in a process by which she attempts to carry and give birth to a child born as a result of an in utero transfer of a human embryo to which she makes no genetic contribution. See Louisiana Revised Statutes 9:2718.1
  • Governing authority: means the elected or appointed body that exercises the legislative functions of a parish, municipality, school board, school district, or other political subdivision, including:

                (a) A sheriff in the case of a law enforcement district. See Louisiana Revised Statutes 39:503

  • Governmental agency: means the state, its political subdivisions, or any agency thereof, Indian tribes, and combinations of governmental entities, which have the authority to own, construct, or operate a public water system or a wastewater treatment facility and other related activities. See Louisiana Revised Statutes 40:2822
  • Governmental entity: means any parish, municipality, school board, school district, or other political subdivision of the state, other than the city of New Orleans and its agencies, boards, authorities, and commissions, and other than the Sewerage and Water Board of New Orleans. See Louisiana Revised Statutes 39:503
  • Governmental entity: means any board, authority, commission, department, office, division, or agency of the state or any of its local political subdivisions. See Louisiana Revised Statutes 40:2402
  • Governmental entity: means the state or any political subdivision. See Louisiana Revised Statutes 42:341
  • Grantor: The person who establishes a trust and places property into it.
  • Gravely disabled: means the condition of a person who is unable to provide for his own basic physical needs, such as essential food, clothing, medical care, or shelter, as a result of serious mental illness or a substance-related or addictive disorder and is unable to survive safely in freedom or protect himself from serious physical harm or significant psychiatric deterioration. See Louisiana Revised Statutes 28:2
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • In service: means service rendered after June 30, 1947, for which retirement credit has not been received and for which credit is allowable under Part III of this Chapter. See Louisiana Revised Statutes 11:1002
  • 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
  • Income: means moneys received from the veterans administration and revenue or profit from any property wholly or partially acquired therewith. See Louisiana Revised Statutes 29:351
  • Indian tribe: means an Indian tribe having a federally recognized governing body carrying out substantial governmental duties and powers over any area within the state. See Louisiana Revised Statutes 40:2822
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual: means any human being. See Louisiana Revised Statutes 40:2703
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intended parents: means a married couple who each exclusively contribute their own gametes to create their embryo and who enter into an enforceable gestational carrier contract, as defined in this Chapter, with a gestational carrier pursuant to which the intended parents will be the legal parents of the child resulting from an in utero embryo transfer. See Louisiana Revised Statutes 9:2718.1
  • Intended Use Plan: means a document which describes how the state intends to use the federal capitalization grant funds, state matching funds, principal repayments, interest earnings, and any other monies associated with the Drinking Water Revolving Loan Fund Program during each year in order to meet the objectives of the federal act and further the goal of protecting public health. See Louisiana Revised Statutes 40:2822
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest holder: means a secured party within the meaning of La. See Louisiana Revised Statutes 40:2601
  • Interrogation: includes but is not limited to any formal interview, inquiry, or questioning of any fire employee by the appointing authority or the appointing authority's designee regarding misconduct, allegations of misconduct, or policy violation. See Louisiana Revised Statutes 33:2181
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Landfill: means the direct or induced raising or elevating of any navigable waterbottom by deposit to the extent that newly emerging land results, not covered at mean low water or navigable rivers and streams or mean high water on other state properties. See Louisiana Revised Statutes 41:1704
  • Law enforcement training course: means a basic or advanced course of study certified by the council on peace officer standards and training, for the purpose of educating and training persons in the skills and techniques required of a peace officer in the discharge of his duties. See Louisiana Revised Statutes 40:2402
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Legal guardian: means a person judicially or statutorily designated with the duty and authority to make decisions in matters having a permanent effect on the life and development of the individual on whose behalf the guardianship is established. See Louisiana Revised Statutes 28:2
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: means a loan of money from the Drinking Water Revolving Loan Fund for eligible project costs. See Louisiana Revised Statutes 40:2822
  • Local governing entity: means an integrated human services delivery system with local accountability and management and which provides behavioral health and developmental disabilities services through local human services districts and authorities. See Louisiana Revised Statutes 28:2
  • Major surgical procedure: means an invasive procedure of a serious nature with incision upon the body or parts thereof under general, local, or spinal anesthesia, utilizing surgical instruments, for the purpose of diagnosis or treatment of a medical condition. See Louisiana Revised Statutes 28:2
  • Manager: means any individual designated by the owner to manage the daily business of a commercial body art facility. See Louisiana Revised Statutes 40:2831
  • Material: means rock, gravel, sand, shell, silt, or other inorganic substances used to fill any state lands of this state. See Louisiana Revised Statutes 41:1704
  • 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
  • Member: means any school employee, as defined in Paragraph (13) of this Section, as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:1002
  • Mental health advocacy service: means a service established by the state of Louisiana for the purpose of providing legal counsel and representation for persons with mental illness or substance-related or addictive disorders and for ensuring that the legal rights of those persons are protected. See Louisiana Revised Statutes 28:2
  • Minor: means a person under eighteen years of age. See Louisiana Revised Statutes 28:2
  • Modification: means enlargements or changes that may affect the safety of the dam, including but not limited to adding significant amounts of material to, or removing material from, the cross-section of a dam; changing the dimensions or elevations of spillways; correcting damages associated with significant seepage through or under the dam; building a roadway or placing utilities on or in any part of the dam or altering the operational features of a dam excluding activities associated with routine maintenance. See Louisiana Revised Statutes 38:22
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor vehicle: means any automobile, car, minivan, passenger van, sport utility vehicle, pickup truck, or other self-propelled vehicle not operated or driven on fixed rails or track. See Louisiana Revised Statutes 29:311
  • Municipal drainage authority: means the city of New Orleans and any special district or board located in such municipality, including but not limited to the Sewerage and Water Board of New Orleans, created for the purpose of drainage and/or flood control. See Louisiana Revised Statutes 38:90.1
  • Net proceeds: means the funds raised from the sale of bonds minus issuance costs, which costs include but are not limited to the underwriting discount, printing of disclosure documents' bond certificates, and the fees of the underwriter's legal counsel, bond counsel, financial advisor, rating agency, and trustee banks. See Louisiana Revised Statutes 40:2822
  • Network: means the Louisiana Emergency Response Network. See Louisiana Revised Statutes 40:2842
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Non-community water system: means a public water system that serves persons in a nonresidential setting. See Louisiana Revised Statutes 40:2822
  • Noncommercial: means built or maintained by either private citizens or nonprofit corporations for the purpose of recreation and enjoyment and not for revenue production, except for nonprofit corporations, or realizing profit. See Louisiana Revised Statutes 41:1704
  • noncompetitive lease: as used in this Chapter shall not refer to any proposed use for which the lease is granted. See Louisiana Revised Statutes 41:1709
  • Normal service retirement age: means age sixty. See Louisiana Revised Statutes 11:951.1
  • Oath: A promise to tell the truth.
  • Obligation: means any retail installment sales contract, other contract for the purchase of goods or services, or bond, bill, note, or other instrument of writing for the payment of money arising out of the contract or other transaction for the purchase of goods or services. See Louisiana Revised Statutes 29:311
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the office of engineering of the Department of Transportation and Development. See Louisiana Revised Statutes 38:90.1
  • Operator: means any individual designated by the registrant to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment. See Louisiana Revised Statutes 40:2703
  • Operator: means any individual designated by the registrant to apply or to assist in the performance of body art procedures upon the consumer for remuneration. See Louisiana Revised Statutes 40:2831
  • 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person, other than an interest holder, who has an interest in property and, if required by law, is in compliance with any statute requiring recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value. See Louisiana Revised Statutes 40:2601
  • Owner: means any person who operates a commercial body art facility. See Louisiana Revised Statutes 40:2831
  • Owner: means the actual owner of record. See Louisiana Revised Statutes 41:1704
  • Parent: means a person who is the biological mother or father of an individual or the legally adoptive mother or father of an individual. See Louisiana Revised Statutes 28:2
  • Participant: means any employee who is entitled to the beneficial provisions of this retirement system. See Louisiana Revised Statutes 11:951.1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Peace officer: means any employee of the state, a municipality, a sheriff, or other public agency, whose permanent duties actually include the making of arrests, the performing of searches and seizures, or the execution of criminal warrants, and is responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, or highway laws of this state, but not including any elected or appointed head of a law enforcement department. See Louisiana Revised Statutes 40:2402
  • Peace officer: means any sheriff, police officer, or other person deputized by proper authority to serve as a peace officer. See Louisiana Revised Statutes 28:2
  • Pension: means annual payments for life, payable in equal monthly installments, derived from money provided by the Orleans Parish School Board and other amounts accumulated in the pension accumulation account as provided for in this Part. See Louisiana Revised Statutes 11:951.1
  • Pension reserve: means the present value of all payments to be made on account of any pension or benefit in lieu of any pension computed upon the basis of such mortality tables as shall be adopted by the board of trustees, and regular interest. See Louisiana Revised Statutes 11:1002
  • Pensions: means payments for life derived from money provided by the state or the employing agency. See Louisiana Revised Statutes 11:1002
  • Person: means an individual, a partnership, a corporation, or an association. See Louisiana Revised Statutes 29:351
  • Person: shall mean any individual, partnership, corporation, organization, or entity not including political subdivisions or state agencies. See Louisiana Revised Statutes 41:1704
  • Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
  • Person of legal age: means any person eighteen years of age or older. See Louisiana Revised Statutes 28:2
  • Person who has a mental illness: means any person with a psychiatric disorder which has substantial adverse effects on his ability to function and who requires care and treatment. See Louisiana Revised Statutes 28:2
  • Persons: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of these entities. See Louisiana Revised Statutes 40:2703
  • 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
  • Phototherapy device: means a piece of equipment that emits ultraviolet radiation and is used by a licensed health care professional in the treatment of disease. See Louisiana Revised Statutes 40:2703
  • Physician: means an individual licensed to practice medicine by the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 28:221
  • Physician: means an individual licensed to practice medicine by the Louisiana State Board of Medical Examiners in active practice or an individual in a post-graduate medical training program of an accredited medical school in Louisiana or a medical officer similarly qualified by the government of the United States while in the state in the performance of his official duties. See Louisiana Revised Statutes 28:2
  • Pier: means any structure extending channelward from the shore or bank, built upon pilings with water on both sides, with or without a sunshade or boathouse, built or maintained for the purpose of providing a berthing or mooring place for watercraft or for loading or unloading cargo or passengers onto or from watercraft or for fishing. See Louisiana Revised Statutes 41:1704
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Primary care provider: means the principal, treating health care professional, excluding a physician, or psychiatrist, rendering mental health care services to a person including a psychologist, medical psychologist, or psychiatric mental health nurse practitioner. See Louisiana Revised Statutes 28:2
  • Principal: means an individual who has executed an advance directive for behavioral health treatment. See Louisiana Revised Statutes 28:221
  • Prior service: means service rendered by an employee prior to the effective date of the establishment of this retirement system for which credit is allowable as provided in this Part. See Louisiana Revised Statutes 11:951.1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeds: means property derived directly or indirectly from, maintained by, or realized through, an act or omission and includes any benefit, interest or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose. See Louisiana Revised Statutes 40:2601
  • Produce: means any food that is defined as such within the meaning of the FDA Food Safety Modernization Act and is a raw agricultural commodity, including raw agricultural commodities that are grown domestically or imported or offered for sale in Louisiana. See Louisiana Revised Statutes 3:921
  • Program: means the Drinking Water Revolving Loan Fund Program as established by this Chapter. See Louisiana Revised Statutes 40:2822
  • Program: means the flood control system which may include, but not be limited to, floodproofing, waterproofing, ring dikes, relocation assistance, information programs, formulation of codes, and engineering studies. See Louisiana Revised Statutes 38:90.1
  • Project: means improvements or activities to be undertaken by a public water system which:

                (a) Are of a type that will facilitate compliance with state drinking water regulations which are no less stringent than any federal drinking water regulations adopted pursuant to the federal act. See Louisiana Revised Statutes 40:2822

  • Project: means a program or engineering activity, either new or continuing, exclusive of modifications to drainage structures located within state highway rights-of-way, that will be planned and implemented with the primary goal being the reduction of existing flood damages. See Louisiana Revised Statutes 38:90.1
  • Property: means anything of value, including movables and immovables, including the whole of any lot or tract of land and corporeal and incorporeal movable property, including currency, instruments, or securities, or any other kind of privilege, claim, or right and includes any interest therein. See Louisiana Revised Statutes 40:2601
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider: means a behavioral health treatment provider. See Louisiana Revised Statutes 28:221
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • Psychiatric deterioration: means a decline in mental functioning, which diminishes the person's capacity to reason or exercise judgment. See Louisiana Revised Statutes 28:2
  • Psychiatric mental health nurse practitioner: means an advanced practice registered nurse licensed to practice as a nurse practitioner or clinical nurse specialist by the Louisiana State Board of Nursing, in accordance with the provisions of La. See Louisiana Revised Statutes 28:2
  • Psychiatrist: means a physician who has at least three years of formal training or primary experience in the diagnosis and treatment of mental illness. See Louisiana Revised Statutes 28:2
  • Psychologist: means a clinical or medical psychologist who is licensed to practice psychology in Louisiana. See Louisiana Revised Statutes 28:221
  • Psychologist: means an individual licensed to practice psychology in Louisiana in accordance with La. See Louisiana Revised Statutes 28:2
  • Public employee: means anyone who is:

                (a) An administrative officer or official of a governmental entity who is not filling an elective office. See Louisiana Revised Statutes 42:341

  • Public employee: means anyone who is:

                (a) An administrative officer or official of state government who is not holding an elective office. See Louisiana Revised Statutes 42:352

  • Public funds: means monies of the state, including but not limited to monies from the state risk management program established by La. See Louisiana Revised Statutes 42:352
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public office: means any state, district, parish or municipal office, elective or appointive, or any position as member on a board or commission, elective or appointive, when the office or position is established by the constitution or laws of this state. See Louisiana Revised Statutes 42:1
  • Public officer: is a ny person holding a public office in this state. See Louisiana Revised Statutes 42:1
  • Public servant: means a public employee or an elected official. See Louisiana Revised Statutes 42:341
  • Public servant: means a public employee or an elected official. See Louisiana Revised Statutes 42:352
  • Public water system: means a system for the provision to the public of water for potable purposes, through pipes or other constructed conveyances, if the system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily for at least sixty days out of the year. See Louisiana Revised Statutes 40:2822
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registrant: means any person who is registered with the department as required by provisions of this Chapter. See Louisiana Revised Statutes 40:2703
  • Registrant: means any person who is registered with the department as required by provisions of this Chapter. See Louisiana Revised Statutes 40:2831
  • Registration: means registration with the department in accordance with the provisions of this Chapter. See Louisiana Revised Statutes 40:2703
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Representative: means a competent adult validly appointed under La. See Louisiana Revised Statutes 28:221
  • Respondent: means a person alleged to have a mental illness or be suffering from a substance-related or addictive disorder and for whom an application for commitment to a treatment facility has been filed. See Louisiana Revised Statutes 28:2
  • Restraint: means the partial or total immobilization of any or all of the extremities or the torso by mechanical means for psychiatric indications. See Louisiana Revised Statutes 28:2
  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:1002
  • Retirement: means withdrawal from active service with a retirement allowance allowable under the provisions of this Part. See Louisiana Revised Statutes 11:951.1
  • Retirement allowance: means the sum of the annuity and the pension, or any other benefits payable in lieu thereof. See Louisiana Revised Statutes 11:951.1
  • Retirement system: means the Louisiana School Employees Retirement System established and described in La. See Louisiana Revised Statutes 11:1002
  • Retirement system: means the corporation known as the Orleans Parish School Employees' Retirement System established in La. See Louisiana Revised Statutes 11:951.1
  • Rural grant opportunity authority: means a municipality with a population of fewer than five thousand people or a parish with a population of fewer than fifty thousand people located in a rural area. See Louisiana Revised Statutes 38:90.1
  • Rural Grant Opportunity Program: means a mechanism for a rural grant opportunity authority located in a rural area that lacks the financial ability to satisfy the local match requirements to participate in the Statewide Flood Control Program. See Louisiana Revised Statutes 38:90.1
  • Seclusion: means the involuntary confinement of a patient alone in a room where the patient is physically prevented from leaving for any period of time, except that seclusion does not include the placement of a patient alone in a room or other area for no more than thirty minutes at a time and no more than three hours in any twenty-four-hour period pursuant to behavior-shaping techniques, such as "time-out". See Louisiana Revised Statutes 28:2
  • Seizure for forfeiture: means seizure of property by a law enforcement officer designated by the district attorney accompanied by a written assertion by the seizing agency or by a district attorney that the property is seized for forfeiture. See Louisiana Revised Statutes 40:2601
  • Service: means service rendered by an employee as herein defined. See Louisiana Revised Statutes 11:951.1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Set-asides: means use of a portion of the state's allotted capitalization grant funds for various project and non-project activities as authorized under the federal act. See Louisiana Revised Statutes 40:2822
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sexual harassment: means unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature which explicitly or implicitly affects an individual's employment or the holding of office, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment, by a public servant of the state. See Louisiana Revised Statutes 42:352
  • State: means the state of Louisiana. See Louisiana Revised Statutes 39:503
  • State government: means the legislative branch, executive branch, and judicial branch of state government, but shall not include any parish, municipality, or any other unit of local government, including a school board special district, mayor's court, justice of the peace court, district attorney, sheriff, clerk of court, coroner, tax assessor, registrar of voters, or any other elected parochial or municipal official. See Louisiana Revised Statutes 42:352
  • State health officer: means the employee of the department who is the chief health care official of the state as provided for in La. See Louisiana Revised Statutes 40:2703
  • State health officer: means the employee of the department who is the chief health care official of the state as provided for in La. See Louisiana Revised Statutes 40:2831
  • State psychiatric hospital: means a public, state-owned and operated inpatient facility for the treatment of mental illness and substance-related and addictive disorders. See Louisiana Revised Statutes 28:2
  • Statute: A law passed by a legislature.
  • Structure: means any encroachment upon state lands, other than those which are specified as the subject matter of a particular class of permit, which is permanently attached to the public lands by pilings, or other means, including, but not limited to storage docks, houses, camps, warehouses, residences, bulkheads not proximate to the shore or bank, business establishments, dams, bridges, impoundment structures, or similar works. See Louisiana Revised Statutes 41:1704
  • Subpoena: A command to a witness to appear and give testimony.
  • Subsequent service: means service rendered by an employee subsequent to the effective date of the establishment of this retirement system and while a participant in this retirement system. See Louisiana Revised Statutes 11:951.1
  • Substance use disorder: refers to a pattern of symptoms resulting from use of a substance which the individual continues to take, despite experiencing problems as a result. See Louisiana Revised Statutes 28:2
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tanning equipment: means ultraviolet or other lamps and equipment containing such lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation. See Louisiana Revised Statutes 40:2703
  • Tanning facility: means any location, place, area, structure, or business which provides consumers access to tanning equipment. See Louisiana Revised Statutes 40:2703
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Total assessed value: means the assessed valuation of all property, including both homestead-exempt property, which shall be included on the assessment roll for the purposes of total assessed value, and nonexempt property as shown on the most recent assessment of the parish in which the governmental entity is located. See Louisiana Revised Statutes 39:503
  • Training center: means any school, academy, institute, or any place of learning whatsoever, which offers or conducts a law enforcement training course. See Louisiana Revised Statutes 40:2402
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: means the removal of a patient from one mental institution to another without any procedure for admission other than is prescribed by the department. See Louisiana Revised Statutes 28:2
  • Treating physician: means the physician who has primary responsibility for the behavioral health treatment of the principal. 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

  • Tutor: means any person acting as a fiduciary for a minor ward. See Louisiana Revised Statutes 29:351
  • Ultraviolet radiation: means electromagnetic radiation with wavelengths in air between two hundred nanometers and four hundred nanometers. See Louisiana Revised Statutes 40:2703
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veterans administration: means the veterans administration, its predecessors, or successors. See Louisiana Revised Statutes 29:351
  • Ward: means a beneficiary of the veterans administration. See Louisiana Revised Statutes 29:351
  • water pollution control projects: means any waste treatment facilities or any plants or other works which accomplish the treating, stabilizing, or holding of untreated or inadequately treated sewage or other wastes. See Louisiana Revised Statutes 40:2321
  • Wharf: means any structure built upon pilings extending along the shore and generally connected with the bank or shore along its length, with or without a sunshade or boathouse, built or maintained for the purpose of providing a berthing or mooring place for watercraft or for loading or unloading cargo or passengers onto or from watercraft or for fishing. See Louisiana Revised Statutes 41:1704
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.