Louisiana Revised Statutes 28:52.4 – Admission by relative or legal guardian for substance-related or addictive disorder treatment
Terms Used In Louisiana Revised Statutes 28:52.4
- 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 28:2
- 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
- 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.
- 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
- 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
- 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 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
- 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
A. A person suffering from a substance-related or addictive disorder may be admitted and detained at a hospital or other treatment facility for observation, diagnosis, and treatment for a medically necessary period when a parent, spouse, legal guardian, or the major child of the person if that child has attained the age of eighteen years has admitted the person or caused him to be admitted pursuant to the provisions of La. Rev. Stat. 28:53.2.
B. At the time of admission of the person, the parent, spouse, legal guardian, or the major child of the person if that child has attained the age of eighteen years shall execute or provide a written statement of facts, including personal observations, leading to the conclusion that the person is suffering from a substance-related or addictive disorder and is dangerous to himself or others or is gravely disabled, specifically describing any dangerous acts or threats, and stating that the person has been encouraged to seek treatment but is unwilling to be evaluated on a voluntary basis.
C. As soon as practicable, but in no event more than twelve hours after admission to the hospital or other treatment facility, a physician shall examine the person and either execute an emergency certificate in accordance with La. Rev. Stat. 28:53(B) or order the person discharged. If an emergency certificate is executed, the physician or the director or administrator of the hospital or other treatment facility shall immediately notify the coroner, and the coroner or his deputy shall conduct an independent examination, in accordance with La. Rev. Stat. 28:53(G). If the coroner or his deputy executes a second emergency certificate, the person may be detained for treatment for a medically necessary period. Otherwise, he shall be discharged.
D. Except as inconsistent with the provisions of this Section, all other provisions of this Part applicable to persons admitted by emergency certificate shall be applicable to persons admitted pursuant to this Section.
Added by Acts 1981, No. 755, §1; Acts 2017, No. 369, §2.