§ 28:227 — Scope of authority of representative; powers and duties; limitation on liability

§227. Scope of authority of representative; powers and duties; limitation on liability
A. The representative shall not have the authority to make behavioral health
treatment decisions unless the principal is determined to be incapable as provided in R.S.
28:226.
B. The representative shall not be, as a result of acting in that capacity, personally
liable for the cost of treatment provided to the principal.
C. Except to the extent the right is limited by the advance directive or any state or
federal law, a representative shall have the same right as the principal to receive information
regarding both proposed and administered behavioral health treatment and to receive, review,
and consent to disclosure or use of medical records relating to that treatment. This
representative's right of access to the principal's behavioral health treatment information shall
not waive any evidentiary privilege.
D. In exercising authority under the advance directive, the representative shall act
consistently with the expressed desires of the principal. If the principal's desires are not
expressed in the advance directive and not otherwise known by the representative, the
representative shall act in what the representative in good faith believes to be the best
interests of the principal.
E. A representative shall not be subject to criminal prosecution, civil liability, or
professional disciplinary action for any action taken in good faith pursuant to an advance
directive for behavioral health treatment.

Legislative History

Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.