Louisiana Revised Statutes 28:229 – Advance directive for behavioral health treatment; part of medical record; physician or provider compliance; withdrawal of physician or provider
Terms Used In Louisiana Revised Statutes 28:229
- 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
- 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
- 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
- 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
A. Upon being presented with an advance directive for behavioral health treatment, a physician or other provider shall make the advance directive a part of the principal‘s medical record. When acting under authority of an advance directive, a physician or provider shall comply with it to the fullest extent possible, consistent with the appropriate standard of care, reasonable medical practice, the availability of treatments requested, and applicable law. If the physician or other provider is unable or unwilling at any time to carry out preferences or instructions contained in an advance directive for behavioral health treatment or the decisions of the representative, the physician or provider may withdraw from providing treatment to the principal.
B. Such withdrawal shall be consistent with the continuity of the appropriate standard of care by the withdrawing physician or provider ensuring that another physician or provider agrees to treat the principal prior to the effectiveness of his withdrawal. Upon withdrawal, a physician or provider shall promptly notify the principal and the representative and document the notification in the principal’s medical record. A withdrawal of a physician or provider pursuant to the provisions of this Section shall not be construed to constitute patient abandonment.
C. For the purposes of this Section, “physician” means the treating physician or any other physician proposing or administering behavioral health treatment to the principal.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.