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PEC - Louisiana --HELP

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justme3547

Junior Member
What is the name of your state (only U.S. law)? Louisiana - Daughter PECd Friday, 8/09 at 230pm. Necessary at time, confused disoriented, paranoid. Drug screen negative - basic chemistry only low potassium --not causal. Had been without sleep for 2-3 days -- reason unknown. My understanding is the coroner or designee must see her to confirm within 48 hours of the signing of certificate. She now appears fully orient x 4, is responding appropriately and is understandably upset at having to stay. Has not been seen by coroner. Did meet with facility md. Can they hold her without her having been seen within the 48 hour period? I have spoken with staff, and left message for patient advocate. What are our options?
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? Louisiana - Daughter PECd Friday, 8/09 at 230pm. Necessary at time, confused disoriented, paranoid. Drug screen negative - basic chemistry only low potassium --not causal. Had been without sleep for 2-3 days -- reason unknown. My understanding is the coroner or designee must see her to confirm within 48 hours of the signing of certificate. She now appears fully orient x 4, is responding appropriately and is understandably upset at having to stay. Has not been seen by coroner. Did meet with facility md. Can they hold her without her having been seen within the 48 hour period? I have spoken with staff, and left message for patient advocate. What are our options?
Alrighty then. :cool:

LA is weird.
§53. Admission by emergency certificate; extension

A.(1) A mentally ill person or a person suffering from substance abuse may be admitted and detained at a treatment facility for observation, diagnosis, and treatment for a period not to exceed fifteen days under an emergency certificate.

(2) A person suffering from substance abuse may be detained at a treatment facility for one additional period, not to exceed fifteen days, provided that a second emergency certificate is executed. A second certificate may be executed only if and when a physician at the treatment facility and any other physician have examined the detained person within seventy-two hours prior to the termination of the initial fifteen day period and certified in writing on the second certificate that the person remains dangerous to himself or others or gravely disabled, and that his condition is likely to improve during the extended period. The director shall inform the patient of the execution of the second certificate, the length of the extended period, and the specific reasons therefor, and shall also give notice of the same to the patient's nearest relative or other designated responsible party initially notified pursuant to Subsection F.

B.(1) Any physician, psychiatric mental health nurse practitioner, or psychologist may execute an emergency certificate only after an actual examination of a person alleged to be mentally ill or suffering from substance abuse who is determined to be in need of immediate care and treatment in a treatment facility because the examining physician, psychiatric mental health nurse practitioner, or psychologist determines the person to be dangerous to self or others or to be gravely disabled.
(2) Within seventy-two hours of admission, the person shall be independently examined by the coroner or his deputy who shall execute an emergency certificate, pursuant to Subsection B of this Section, which shall be a necessary precondition to the person's continued confinement. Except as provided in Paragraph (7) of this Subsection, if the actual examination by the psychiatrist in Paragraph (1) of Subsection B of this Section is conducted by telemedicine, the seventy-two-hour independent examination by the coroner shall be conducted in person.

(3) However, in the event that the coroner has made the initial examination and executed the first emergency commitment certificate then a second examination shall be made within the seventy-two hour period set forth in this Part by any physician at the treatment facility where the person is confined.

(4) In making either the initial examination or the second examination, when the coroner or his deputy examines the person and executes an emergency certificate and a reexamination of the person and reexecution of a certificate is necessary for any reason to insure the validity of the certificate, both the first examiner and the reexaminer shall be entitled to the fee for the service, unless they are one and the same.

(5) If, from his examination, the coroner concludes that the person is not a proper subject for emergency admission, then the person shall not be further detained in the treatment facility and shall be discharged by the director forthwith.
http://law.justia.com/codes/louisiana/2011/rs/title28/rs28-53
 
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quincy

Senior Member
It appears a judge or a parish coroner can complete commitment papers.
 
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quincy

Senior Member
Yup. :)

My link doesn't appear to work so I removed it, since you provided the applicable section of the Louisiana code. The only reason I checked was because my first reaction was the same as yours.
 
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