2022 Louisiana Laws
Revised Statutes
Title 28 - Mental Health
§28:75. Failure to comply with involuntary outpatient treatment
RS 28:75 - Failure to comply with involuntary outpatient treatment
A. When a physician, psychiatric mental health nurse practitioner, or psychologist determines the respondent has failed to comply with the ordered treatment, the local governing entity, case manager, or assertive community treatment provider shall make reasonable efforts to solicit the compliance of the respondent.
B. If either party alleges noncompliance despite the efforts referred to in Subsection A of this Section, a judicial hearing shall be scheduled and all persons listed in R.S. 28:69(A) are to receive notice.
C. When a physician, psychiatric mental health nurse practitioner, or psychologist determines that the respondent meets the relevant criteria, he may execute an emergency certificate in accordance with R.S. 28:53, request an order for custody in accordance with R.S. 28:53.2, or seek a judicial commitment in accordance with R.S. 28:54. Any period of hospitalization shall not invalidate the order for assistive outpatient treatment.
D. If the respondent refuses to take medication or refuses to take or fails blood or other laboratory tests as required by court order, the physician, psychiatric mental health nurse practitioner, or psychologist may consider his refusal in determining whether the respondent is in need of inpatient treatment services.
Acts 2008, No. 407, §2; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1.
