2006 Louisiana Laws - RS 28:221 — Definitions

PART X.  ADVANCE DIRECTIVES FOR MENTAL

HEALTH TREATMENT

§221.  Definitions

As used in this Part:

(1)  "Advance directive for mental 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)  "Declaration for mental 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 mental health treatment in the event the principal is determined to be incapable and mental health treatment is necessary.

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

(4)  "Incapable" means that, due to any infirmity, the principal is currently unable to make or to communicate reasoned decisions regarding the principal's mental health treatment.

(5)  "Mental health treatment" shall have the same meaning as provided in R.S. 28:2(28) and includes but is not limited to electroshock therapy, treatment of mental illness with psychoactive medication, admission to and retention in a treatment facility, and outpatient services.  However, "mental health treatment" shall not include admission to or retention in a mental health treatment facility for a period in excess of fifteen days.

(6)  "Outpatient services" means treatment for a mental or emotional 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 mental health treatment.

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

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

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

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

(13)  "Treatment facility" shall have the same meaning as provided in R.S. 28:2(29)(a).

Acts 2001, No. 755, §1.