Louisiana § 28:96 Discharge by the administrator or treating physician

Louisiana Statutes

§ 28:96 — Discharge by the administrator or treating physician

Louisiana § 28:96

Title 28Mental Health

This text of Louisiana § 28:96 (Discharge by the administrator or treating physician) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

La. Stat. Ann. § 28:96 (2026).

Text

§96. Discharge by the administrator or treating physician

A.Except as otherwise provided in this Section, the administrator or treating physician may discharge any patient committed to a psychiatric hospital if he believes that the patient has sufficiently recovered and that no harm will result from his discharge.

B.The administrator or treating physician shall as frequently as practicable, but not less often than every six months, examine or cause to be examined every patient and may discharge the patient and immediately make a report thereof to the court when necessary or appropriate.

C.A client committed in accordance with the provisions of Article 648 of the Code of Criminal Procedure shall be discharged only in the manner provided in that Article.

D.A patient committed in accordan

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§96. Discharge by the administrator or treating physician
A. Except as otherwise provided in this Section, the administrator or treating
physician may discharge any patient committed to a psychiatric hospital if he believes that
the patient has sufficiently recovered and that no harm will result from his discharge.
B. The administrator or treating physician shall as frequently as practicable, but not
less often than every six months, examine or cause to be examined every patient and may
discharge the patient and immediately make a report thereof to the court when necessary or
appropriate.
C. A client committed in accordance with the provisions of Article 648 of the Code
of Criminal Procedure shall be discharged only in the manner provided in that Article.
D. A patient committed in accordance with R.S. 28:59 shall be discharged only upon
order of the committing court.
E. A patient who has shown dangerous tendencies shall be discharged upon
conditional release with the written consent of the court after an examination and after
sufficient guarantee of proper supervision of the patient by a person who is approved by the
court.
F. A patient whose discharge is opposed by a legal guardian, relative, or other
interested person shall be discharged only after the person opposing has been notified and
given an opportunity to state his reasons why the patient should be detained for further care
and treatment.
G. A patient who has a mental illness who no longer requires treatment may be
discharged with the approval of the attending physician and treatment team.
H. A patient who has a mental illness and is convicted of a crime prior to his transfer
to a psychiatric hospital shall not be discharged prior to the time he might have been
discharged from his original place of detention.