Louisiana Revised Statutes 28:234 – Individuals prohibited from serving as witnesses to advance directive for behavioral health treatment
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Terms Used In Louisiana Revised Statutes 28:234
- 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
- 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
- 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
The following individuals shall be prohibited from serving as a witness to the signing of an advance directive for behavioral health treatment:
(1) The treating physician, provider, or a relative of the physician or provider.
(2) An owner, operator, or relative of an owner or operator of a behavioral health treatment facility in which the principal is a patient or resident.
(3) An individual related to the principal by blood, marriage, or adoption.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.