Louisiana Revised Statutes 28:227 – Scope of authority of representative; powers and duties; limitation on liability
Terms Used In Louisiana Revised Statutes 28:227
- 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
- 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
- Principal: means an individual who has executed an advance directive for behavioral health treatment. See Louisiana Revised Statutes 28:221
- Representative: means a competent adult validly appointed under 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. The representative shall not have the authority to make behavioral health treatment decisions unless the principal is determined to be incapable as provided in La. Rev. Stat. 28:226.
B. The representative shall not be, as a result of acting in that capacity, personally liable for the cost of treatment provided to the principal.
C. Except to the extent the right is limited by the advance directive or any state or federal law, a representative shall have the same right as the principal to receive information regarding both proposed and administered behavioral health treatment and to receive, review, and consent to disclosure or use of medical records relating to that treatment. This representative’s right of access to the principal’s behavioral health treatment information shall not waive any evidentiary privilege.
D. In exercising authority under the advance directive, the representative shall act consistently with the expressed desires of the principal. If the principal’s desires are not expressed in the advance directive and not otherwise known by the representative, the representative shall act in what the representative in good faith believes to be the best interests of the principal.
E. A representative shall not be subject to criminal prosecution, civil liability, or professional disciplinary action for any action taken in good faith pursuant to an advance directive for behavioral health treatment.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.