2018 Louisiana Laws
Revised Statutes
TITLE 28 - Mental Health
RS 28:69 - Procedure
§69. Procedure
A.(1) Upon the filing of the petition authorized by R.S. 28:67, the court shall assign a time and place for a hearing as promptly as is practical, but in no case later than eighteen days after the filing of the petition, which may be conducted before any judge in the judicial district and shall cause reasonable notice thereof and a copy of the petition to be served upon the respondent, respondent's attorney, the petitioner, and the director of the local governing entity in the parish where the petition has been filed. The notice shall inform the respondent that he has a right to be present, a right to retain counsel, has the right to counsel appointed to represent him by the Mental Health Advocacy Service, and a right to cross-examine witnesses. Continuances shall be granted only for good cause shown.
(2) In addition to those persons entitled to notice pursuant to Paragraph (1) of this Subsection, if the respondent is interdicted, notice of the hearing and a copy of the petition shall also be served upon the curator for the interdict and the attorney who represented the interdict in the interdict proceedings.
(3) The court may order the service of all pleadings, notices, and written treatment plans required in this Part pursuant to Code of Civil Procedure Article 1313(A), without regard to Article 1313(B).
B. The court shall conduct a hearing on the petition which shall take precedence over all other matters, except pending cases of the same type. The court shall admit evidence according to the Louisiana Code of Evidence. Witnesses and evidence tending to show that the patient is a proper subject for outpatient placement shall be presented first. If the patient does not appear at the hearing, and service of process was proper and appropriate attempts to elicit attendance failed, the court may conduct the hearing in the absence of the patient, but the court shall state the factual basis for conducting the hearing without the patient.
C. The court shall not order involuntary outpatient treatment unless an examining physician, psychiatric mental health nurse practitioner, or psychologist, who has personally examined the patient within the time period commencing ten days before the filing of the petition, testifies at the hearing, in person or via electronic means, with consent of all the parties, regarding the categories of involuntary outpatient treatment recommended, the rationale for each category, facts which establish that such treatment is the least restrictive alternative, and if recommended, the beneficial and detrimental physical and mental effects of medication, and whether such medication should be self-administered or administered by an authorized professional.
D. If the patient has refused to be examined by a physician, psychiatric mental health nurse practitioner, or psychologist, the court may order the subject to undergo an examination by a physician, psychiatric mental health nurse practitioner, or psychologist appointed by the court. If the patient refuses to undergo the court-ordered examination and the court finds reasonable cause to believe that the allegations in the petition are true, the court may order the sheriff's department to take the patient into custody and transport him to a hospital or emergency receiving center for examination. Retention of the patient in accordance with the court order shall not exceed twenty-four hours. The examination of the patient may be performed by the physician, psychiatric mental health nurse practitioner, or psychologist whose affidavit or Physician's Report to Court accompanied the petition pursuant to R.S. 28:68(B), if he is privileged or otherwise authorized by the hospital or emergency receiving center. If such examination is performed by another physician, psychiatric mental health nurse practitioner, or psychologist, he shall be authorized to consult with the physician, psychiatric mental health nurse practitioner, or psychologist whose affidavit or Physician's Report to Court accompanied the petition regarding the issues of whether the allegations in the petition are true and whether the patient meets the criteria for involuntary outpatient treatment.
E. A physician, psychiatric mental health nurse practitioner, or psychologist who testifies pursuant to Subsection C of this Section shall state the facts which support the allegation that the patient meets each of the criteria for involuntary outpatient treatment, the treatment is the least restrictive alternative, the recommended involuntary outpatient treatment, and the rationale. If the recommended involuntary outpatient treatment includes medication, the testimony of the physician, psychiatric mental health nurse practitioner, or medical psychologist shall describe the types or classes of medication which should be authorized, the beneficial and detrimental physical and mental effects of such medication, and whether the medication should be self-administered or administered by authorized personnel.
F. The patient shall be afforded an opportunity to present evidence, to call witnesses on his behalf, and to cross-examine adverse witnesses.
Acts 2008, No. 407, §2; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2013, No. 226, §1; Acts 2017, No. 369, §2; Acts 2018, No. 206, §1; Acts 2018, No. 375, §1.
