§ 28:63 — Standard of care; limitation of liability; penalties

Louisiana § 28:63

• Jurisdiction: Louisiana
• Title 28: Mental Health

Text

§63. Standard of care; limitation of liability; penalties
A.(1) Any physician licensed or permitted by the Louisiana State Board of Medical
Examiners, psychologist, medical psychologist, psychiatric mental health nurse practitioner,
or public and private general hospital personnel exercising that degree of skill and care
ordinarily employed, under similar circumstances by members of his profession in good
standing in the same community or locality, and using reasonable care and diligence with his
best judgment in the application of his skill, shall not be held civilly liable or subject to
criminal prosecution for acts arising from his professional opinions which fall within the
scope of his duties, judgments, actions, or duties pursuant to any of the provisions of this
Part, unless the damage or injury was caused by willful or wanton negligence or gross
misconduct. This limitation of liability shall apply only to public and private general hospital
personnel who within the preceding twelve-month period have received appropriate training
in nonviolent crisis intervention. Such training shall be documented in their personnel files.
The training shall be provided by an instructor who has attended a course in crisis
intervention taught by a certified instructor.
(2) The provisions of this Subsection shall not affect the provisions of R.S.
40:2113.6 or the Federal Emergency Medical Treatment and Active Labor Act, 42 U.S.C.
1395dd.
B. Any physician licensed or permitted by the Louisiana State Board of Medical
Examiners, psychologist, medical psychologist, or psychiatric mental health nurse
practitioner who executes an emergency certificate shall be held to that degree of skill and
care ordinarily employed, under similar circumstances, by members of his profession in good
standing in the same community or locality, and using reasonable care and diligence with his
best judgment in the application of his skill.
C.(1)(a) Any person who acts in good faith to assist in the apprehension or taking
into protective custody, examination and confinement of a patient will not be subject to civil
or criminal penalties, unless the damage or injury was caused by willful or wanton
negligence or gross misconduct. This limitation of liability shall only apply to public and
private general hospital personnel who within the preceding twelve-month period have
received appropriate training in nonviolent crisis intervention and such training has been
documented in their personnel files. The training shall be provided by an instructor who has
attended a course in crisis intervention taught by a certified instructor.
(b) Any public or private general hospital to which a patient has been transported
pursuant to an order of protective custody or an emergency certificate or for the purpose of
examination for an emergency commitment certificate shall not be held civilly liable or
subject to criminal prosecution for damage or injury to the patient arising from the detention
or treatment of the patient if the public or private general hospital personnel have used
reasonable care and diligence and their best judgment in the application of their skills under
similar circumstances in the same or a similar community or locality, unless the damage or
injury was caused by willful or wanton negligence or gross misconduct. This limitation of
liability shall only apply to public and private general hospital personnel who within the
preceding twelve-month period have received appropriate training in nonviolent crisis
intervention and such training has been documented in their personnel file. The training shall
be provided by an instructor who has attended a course in crisis intervention taught by a
certified instructor.
(2) The provisions of this Subsection shall not affect the provisions of R.S.
40:2113.6 or the Federal Emergency Medical Treatment and Active Labor Act, 42 U.S.C.
1395dd.
(3) A person who willfully advises or participates in the making of a false application
or certificate shall be imprisoned with or without hard labor for not more than two years or
fined not more than ten thousand dollars, or both.
D.(1) Any apprehension or taking into protective custody and confinement made by
law enforcement officers, pursuant to any authorized procedure provided in this Title, is
hereby declared to be an administrative act relative to the functions of their office, as
required by law, and for which act they are specifically granted personal immunity.
(2) Upon arrival at any treatment or examination facility, a law enforcement officer
escorting a person apprehended or taken into protective custody and confinement under any
provision of this Title shall be relieved of any further responsibility.

Legislative History

Added by Acts 1977, No. 714, §1; Acts 1992, No. 120, §1; Acts 1997, No. 1302, §1, eff. July 15, 1997; Acts 2005, No. 480, §1; Acts 2006, No. 664, §1; Acts 2018, No. 206, §1; Acts 2018, No. 402, §1.