§ 28:221 Definitions
§ 28:222 Individuals who may make an advance directive for behavioral health treatment; period of validity
§ 28:223 Designation of representative for decisions about behavioral health treatment
§ 28:224 Execution of advance directive; witnesses; psychiatric examination
§ 28:225 Operation of advance directive; physician or provider to act in accordance with advance directive
§ 28:226 Determination of incapacity
§ 28:227 Scope of authority of representative; powers and duties; limitation on liability
§ 28:228 Prohibitions against requiring an individual to execute or refrain from executing an advance directive
§ 28:229 Advance directive for behavioral health treatment; part of medical record; physician or provider compliance; withdrawal of physician or provider
§ 28:230 Disregarding advance directives; circumstances
§ 28:231 Revocation of advance directive
§ 28:232 Limitations on liability of physician or provider
§ 28:233 Individuals prohibited from serving as representative
§ 28:234 Individuals prohibited from serving as witnesses to advance directive for behavioral health treatment
§ 28:235 Withdrawal of representative; rescission of withdrawal
§ 28:236 Form

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Terms Used In Louisiana Revised Statutes > Title 28 > Chapter 1 > Part X - Advance Directives for Behavioral Health Treatment

  • 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
  • administrator: means a person in charge of a treatment facility or his deputy. See Louisiana Revised Statutes 28:221
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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
  • 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
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:2
  • 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
  • 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
  • Ex officio: Literally, by virtue of one's office.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • 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
  • 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
  • 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.
  • 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
  • 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
  • Physician: means an individual licensed to practice medicine by the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 28:221
  • 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.
  • 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
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Representative: means a competent adult validly appointed under Louisiana Revised Statutes 28:221
  • 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 Louisiana Revised Statutes 28:2

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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