§52.4. Admission by relative or legal guardian for substance-related or addictive disorder
treatment
A. A person suffering from a substance-related or addictive disorder may be admitted
and detained at a hospital or other treatment facility for observation, diagnosis, and treatment
for a medically necessary period when a parent, spouse, legal guardian, or the major child of
the person if that child has attained the age of eighteen years has admitted the person or
caused him to be admitted pursuant to the provisions of R.S. 28:53.2.
B. At the time of admission of the person, the parent, spouse, legal guardian, or the
major child of the person if that child has attained the age of eighteen years shall execute or
provide a written statement of facts, including personal observations, leading to the
conclusion that the person is suffering from a substance-related or addictive disorder and is
dangerous to himself or others or is gravely disabled, specifically describing any dangerous
acts or threats, and stating that the person has been encouraged to seek treatment but is
unwilling to be evaluated on a voluntary basis.
C. As soon as practicable, but in no event more than twelve hours after admission
to the hospital or other treatment facility, a physician shall examine the person and either
execute an emergency certificate in accordance with R.S. 28:53(B) or order the person
discharged. If an emergency certificate is executed, the physician or the director or
administrator of the hospital or other treatment facility shall immediately notify the coroner,
and the coroner or his deputy shall conduct an independent examination, in accordance with
R.S. 28:53(G). If the coroner or his deputy executes a second emergency certificate, the
person may be detained for treatment for a medically necessary period. Otherwise, he shall
be discharged.
D. Except as inconsistent with the provisions of this Section, all other provisions of
this Part applicable to persons admitted by emergency certificate shall be applicable to
persons admitted pursuant to this Section.
Added by Acts 1981, No. 755, §1; Acts 2017, No. 369, §2.