RS 28:221 – Definitions As used in this Part: (1) “Advance directive for behavioral health treatment” or “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. (2) “Behavioral health treatment” means treatment of […]
RS 28:222 – Individuals who may make an advance directive for behavioral health treatment; period of validity A. An adult who is not incapable may make an advance directive for behavioral health treatment. The preferences or instructions may include consent to or refusal of behavioral health treatment. B. An advance directive for behavioral health treatment […]
RS 28:223 – Designation of representative for decisions about behavioral health treatment An advance directive for behavioral health treatment may designate a competent adult to act as a representative to make decisions about behavioral health treatment. An alternative representative may also be designated to act as representative if the original designee is unable or unwilling […]
RS 28:224 – Execution of advance directive; witnesses; psychiatric examination A. An advance directive for behavioral health treatment shall be valid only if it is signed by the principal and two competent witnesses and accompanied by a written psychiatric examination performed by a physician or psychologist attesting to the principal’s ability to make reasoned decisions […]
RS 28:225 – Operation of advance directive; physician or provider to act in accordance with advance directive A. An advance directive shall become operative when it is delivered to the principal’s treating physician or other behavioral health treatment provider and shall remain valid until revoked or expired. B. The treating physician or provider shall act […]
RS 28:226 – Determination of incapacity A. The incapacity of a principal shall be established by two physicians who have personally examined the principal, determined that he is incapable, and signed a written certificate. The written certificate shall be made part of the principal’s medical record. B. The determination that the principal has regained his […]
RS 28:227 – Scope of authority of representative; powers and duties; limitation on liability 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 R.S. 28:226. B. The representative shall not be, as a result of acting in that capacity, […]
RS 28:228 – Prohibitions against requiring an individual to execute or refrain from executing an advance directive 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 […]
RS 28:229 – Advance directive for behavioral health treatment; part of medical record; physician or provider compliance; withdrawal of physician or provider 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 […]
RS 28:230 – Disregarding advance directives; circumstances A. The physician or provider may subject a principal determined to be incapable pursuant to R.S. 28:226 to behavioral health treatment in a manner contrary to the principal’s wishes as expressed in an advance directive for behavioral health treatment only: (1) In case of an emergency when the […]
RS 28:231 – Revocation of advance directive An advance directive for mental health treatment may be revoked in whole or in part at any time by the principal if the principal is not incapable. Revocation shall be effective when a principal who is not capable communicates the revocation to the treating physician or other provider. […]
RS 28:232 – Limitations on liability of physician or provider A physician or provider who administers or does not administer behavioral health treatment according to and in good faith reliance upon the validity of an advance directive for behavioral health treatment shall not be subject to criminal prosecution, civil liability, or professional disciplinary action resulting […]
RS 28:233 – Individuals prohibited from serving as representative The following individuals shall be prohibited from serving as a representative: (1) The treating physician, provider, or an employee of the physician or provider if the physician, provider, or employee is unrelated to the principal by blood, marriage, or adoption. (2) An owner, operator, or employee […]
RS 28:234 – Individuals prohibited from serving as witnesses to advance directive for behavioral health treatment 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, […]
RS 28:235 – Withdrawal of representative; rescission of withdrawal A. A representative may withdraw by giving notice to the principal. If a principal is incapable, the representative may withdraw by giving notice to the treating physician or provider. The treating physician or provider shall document the withdrawal as part of the principal’s medical record. B. […]
RS 28:236 – Form The Louisiana Department of Health, in consultation with the Mental Health Advocacy Service, shall develop a form to implement the provisions of this Part. Acts 2001, No. 755, §1.
RS 28:237 – Repealed by Acts 2022, No. 252, §1.
