§96.1. Discharge by the director or administrator of a private psychiatric hospital
A. Except as otherwise provided in this Section the director, administrator, or head
of a private psychiatric hospital may discharge any patient committed to his hospital only on
the certificate of either two physicians, or one physician and one psychologist, medical
psychologist, or psychiatric mental health nurse practitioner stating that the patient has
sufficiently recovered and that no harm will result from his discharge.
B. A patient committed in accordance with the provisions of Article 648 of the Code
of Criminal Procedure shall be discharged only in the manner provided in that Article.
C. A patient committed to a private hospital in accordance with R.S. 28:59 shall be
discharged only upon order of the committing court.
D. A patient whose discharge from a private psychiatric hospital is opposed by a
legal guardian, relative, or other interested person shall be discharged only after the person
opposing has been notified and given an opportunity to state the reasons why the patient
should be detained for further care and treatment.
E. A patient committed to a private psychiatric hospital who has shown dangerous
tendencies shall be discharged only upon the certificate of either two physicians, or one
physician and one psychologist, medical psychologist, or psychiatric mental health nurse
practitioner after an examination, and after sufficient guarantee has been provided of proper
supervision of the patient by a person who is approved by the court.
F. A patient who has a mental illness and no longer requires treatment may be
discharged on the certificate of either two physicians, or one physician and one psychologist,
medical psychologist, or psychiatric mental health nurse practitioner and with the approval
of the committing court if the commitment was by criminal court order.
Added by Acts 1966, No. 482, §2; Acts 2006, No. 664, §1; Acts 2017, No. 369, §2.