Louisiana Revised Statutes 28:228 – Prohibitions against requiring an individual to execute or refrain from executing an advance directive
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Terms Used In Louisiana Revised Statutes 28:228
- 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
- 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
- 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
An individual shall not be required to execute or to refrain from executing an advance directive for behavioral health treatment as a criterion for insurance, as a condition for receiving behavioral or physical health services, or as a condition of discharge from a treatment facility.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.