Louisiana Revised Statutes 28:75 – Failure to comply with involuntary outpatient treatment
Terms Used In Louisiana Revised Statutes 28:75
- 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
- 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
- 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 Louisiana Revised Statutes 28:2
- Psychologist: means an individual licensed to practice psychology in Louisiana in accordance with Louisiana Revised Statutes 28:2
- 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
- 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. When a physician, psychiatric mental health nurse practitioner, or psychologist determines the respondent has failed to comply with the ordered treatment, the local governing entity, case manager, or assertive community treatment provider shall make reasonable efforts to solicit the compliance of the respondent.
B. If either party alleges noncompliance despite the efforts referred to in Subsection A of this Section, a judicial hearing shall be scheduled and all persons listed in La. Rev. Stat. 28:69(A) are to receive notice.
C. When a physician, psychiatric mental health nurse practitioner, or psychologist determines that the respondent meets the relevant criteria, he may execute an emergency certificate in accordance with La. Rev. Stat. 28:53, request an order for custody in accordance with La. Rev. Stat. 28:53.2, or seek a judicial commitment in accordance with La. Rev. Stat. 28:54. Any period of hospitalization shall not invalidate the order for assistive outpatient treatment.
D. If the respondent refuses to take medication or refuses to take or fails blood or other laboratory tests as required by court order, the physician, psychiatric mental health nurse practitioner, or psychologist may consider his refusal in determining whether the respondent is in need of inpatient treatment services.
Acts 2008, No. 407, §2; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1.