RS 28:221     

PART X. ADVANCE DIRECTIVES FOR

BEHAVIORAL HEALTH TREATMENT

§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 mental illness with psychotropic medication, admission to and retention in a treatment facility, or outpatient services. However, " behavioral health treatment" shall not include admission to or retention in a treatment facility for a period in excess of fifteen days.

            (3) "Declaration for behavioral health treatment" or "declaration" means a written document executed by a principal, in accordance with the requirements of this Part, setting forth preferences or instructions regarding behavioral health treatment in the event the principal is determined to be incapable and behavioral health treatment is necessary.

            (4) "Director" or "administrator" means a person in charge of a treatment facility or his deputy.

            (5) "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.

            (6) "Outpatient services" means treatment for a mental illness or a substance-related or addictive disorder that is obtained on an outpatient basis.

            (7) "Physician" means an individual licensed to practice medicine by the Louisiana State Board of Medical Examiners.

            (8) "Principal" means an individual who has executed an advance directive for behavioral health treatment.

            (9) "Provider" means a behavioral health treatment provider.

            (10) "Psychologist" means a clinical or medical psychologist who is licensed to practice psychology in Louisiana.

            (11) "Representative" means a competent adult validly appointed under R.S. 28:223 to make behavioral health treatment decisions for a principal and also means an alternative representative.

            (12) "Treating physician" means the physician who has primary responsibility for the behavioral health treatment of the principal.

            (13) "Treatment facility" shall have the same meaning as provided in R.S. 28.2.

            Acts 2001, No. 755, §1; Acts 2009, No. 251, §7, eff. Jan. 1, 2010; Acts 2017, No. 369, §2.