§ 28:75 — Failure to comply with involuntary outpatient treatment

§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.

Legislative History

Acts 2008, No. 407, §2; Acts 2018, No. 375, §1; Acts 2021, No. 329, §1.