Mental Health Law in Louisiana - NAMI St....

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Click on any of the words below to be directed to that statute 09-2015 Mental Health Law in Louisiana RS 28 TITLE 28.MENTAL HEALTH RS 28:1 TITLE 28 MENTAL HEALTH RS 28:2 Definitions RS 28:3 Application of Chapter; costs RS 28:4 Office of behavioral health; legislative findings; creation of behavioral health implementation advisory committee RS 28:11 Short title RS 28:12 Legislative declaration of intent RS 28:13 Management of mental and behavioral health resources RS 28:14 Funding priorities; cost-effectiveness RS 28:15 Innovative mental and behavioral health services; programs RS 28:20 Admission to Department of Health and Hospitals facilities; legislative findings; criteria RS 28:21 State hospitals for persons with mental illness and addictive disorders RS 28:21.1 Alcoholism; treatment in state supported hospitals RS 28:22 Crisis response system RS 28:22.4 Guidance centers RS 28:22.5 Community mental health centers RS 28:22.6 Payment for maintenance or treatment RS 28:22.7 Geriatric hospitals and units RS 28:22.8 State developmental centers

Transcript of Mental Health Law in Louisiana - NAMI St....

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Mental Health Law in Louisiana

RS 28 TITLE 28.MENTAL HEALTH

RS 28:1 TITLE 28 MENTAL HEALTH

RS 28:2 Definitions

RS 28:3 Application of Chapter; costs

RS 28:4 Office of behavioral health; legislative findings; creation of behavioral health

implementation advisory committee

RS 28:11 Short title

RS 28:12 Legislative declaration of intent

RS 28:13 Management of mental and behavioral health resources

RS 28:14 Funding priorities; cost-effectiveness

RS 28:15 Innovative mental and behavioral health services; programs

RS 28:20 Admission to Department of Health and Hospitals facilities; legislative findings;

criteria

RS 28:21 State hospitals for persons with mental illness and addictive disorders

RS 28:21.1 Alcoholism; treatment in state supported hospitals

RS 28:22 Crisis response system

RS 28:22.4 Guidance centers

RS 28:22.5 Community mental health centers

RS 28:22.6 Payment for maintenance or treatment

RS 28:22.7 Geriatric hospitals and units

RS 28:22.8 State developmental centers

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RS 28:22.9 Rosenblum Mental Health Center

RS 28:22.10 New Orleans Adolescent Hospital

RS 28:23 Psychiatric inpatient units in state general hospitals

RS 28:24 Repealed by Acts 1978, No. 786, 7, eff. July 17, 1978

RS 28:25 Provisions for close confinement of certain mental patients

RS 28:25.1 Establishment of Feliciana Forensic Facility; authorization to establish forensic

facilities in New Orleans, Baton Rouge, Shreveport, and Alexandria

RS 28:25.2 Granting of passes to patients

RS 28:26 Repealed by Acts 2001, No. 1185, 8, eff. July 1, 2001.

RS 28:31 Findings

RS 28:32 Definitions

RS 28:33 Licensure of forensic supervised transitional residential and aftercare facilities

RS 28:34 Rules and regulations; licensing standards

RS 28:35 License issuance; application; on-site inspection

RS 28:36 License renewal; failure to timely renew

RS 28:37 Operation without license; penalty

RS 28:50 Declaration of policy

RS 28:51 Procedures for admission

RS 28:51.1 Treatment facility; staff membership and institutional privileges; certain health

care providers

RS 28:52 Voluntary admissions; general provisions

RS 28:52.1 Informal voluntary admission

RS 28:52.2 Formal voluntary admission

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RS 28:52.3 Noncontested admission

RS 28:52.4 Admission by relative

RS 28:53 Admission by emergency certificate; extension; payment for services rendered

RS 28:53.1 Repealed by Acts 1978, No. 680, 3

RS 28:53.2 Order for custody; grounds; civil liability; criminal penalty for making a false

statement

RS 28:53.3 Order for custody; grounds; teleconference; Jefferson Parish

RS 28:54 Judicial commitment; procedure

RS 28:55 Judicial hearings

RS 28:56 Judicial commitment; review; appeals

RS 28:57 Petition for restoration of right to possess a firearm and to apply for permit for

concealed handgun; procedures

RS 28:58 R.S. 15:267 not affected

RS 28:59 Commitment of prisoners

RS 28:60 Repealed by Acts 1978, No. 680, 3

RS 28:61 Repealed by Acts 1979, No. 767, 3

RS 28:62 Commitment to United States veterans and public health service hospitals

RS 28:63 Standard of care; limitation of liability; penalties

RS 28:64 Mental Health Advocacy Service; creation; board of trustees; organization;

powers; duties

RS 28:65 REPEALED BY ACTS 1993, NO. 891, 2, EFF. JUNE 23, 1993.

RS 28:66 Criteria for civil involuntary oupatient treatment

RS 28:67 Petition to the court

RS 28:68 Petition

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RS 28:69 Procedure

RS 28:70 Written treatment plan

RS 28:71 Disposition

RS 28:72 Application for additional periods of treatment

RS 28:73 Application to stay, vacate or modify

RS 28:74 Appeals

RS 28:75 Failure to comply with involuntary outpatient treatment

RS 28:91 Transfer to mental institution

RS 28:92 Transfer of patients from military establishments

RS 28:93 Transfer of veterans to United States veterans hospitals

RS 28:94 Transfer of patients between institutions

RS 28:95 Removal of female patients

RS 28:96 Discharge by the superintendent

RS 28:96.1 Discharge by the superintendent of a private mental hospital

RS 28:97 Discharge by the department

RS 28:98 Repealed by Acts 1972, No. 154, 4

RS 28:98.1 Repealed by Acts 1985, No. 341, 1; eff. July 9, 1985.

RS 28:98.2 Immunity of superintendent and mental hospital

RS 28:99 Discharge by lapse of time

RS 28:100 Leaves of absence for patients

RS 28:100.1 Convalescent status; rehospitalization

RS 28:101 Boarding out patients

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RS 28:102 Return of escaped patients

RS 28:103 Deportation of nonresident patients

RS 28:104 Importation of mental patients prohibited

RS 28:105 Extradition of escaped patients

RS 28:141 Costs of commitment and examination

RS 28:142 Costs of transportation

RS 28:143 Costs of maintenance and boarding out

RS 28:144 Investigation and assessment of charges

RS 28:145 Costs of transfer

RS 28:146 Expenses incident to discharge, removal, or funeral

RS 28:147 Method of collection

RS 28:148 Expenses of deportation

RS 28:171 Enumerations of rights guaranteed

RS 28:171.1 Principles for the mental health system

RS 28:172 Deposit of patients' funds; disbursement

RS 28:173 Interest earned on funds of mental patients

RS 28:181 Improper commitment

RS 28:182 Maltreating patient

RS 28:183 Furnishing weapons

RS 28:184 Furnishing intoxicants

RS 28:185 Unlicensed counseling

RS 28:200 Promotion of a community-based system of care

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RS 28:201 Transfer of administration

RS 28:202 Lease of land, buildings, equipment

RS 28:203 Standards of operation and maintenance; enforcement; entry and inspection

RS 28:204 Contracts

RS 28:205 Allocation of funds

RS 28:206 Continuum of care for the emotionally and behaviorally disturbed; statement

of policy; determination of need and site

RS 28:211 Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.

RS 28:212 REPEALED BY ACTS 1989, NO. 662, 8, EFF. JULY 7, 1989.

RS 28:213 Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.

RS 28:215.1 Coroner's Strategic Initiative for a Health Information and Intervention

Program; creation

RS 28:215.2 Coroner's Strategic Initiative for a Health Information and Intervention

Program; powers and duties

RS 28:215.3 Treatment facilities; dissemination of information

RS 28:215.4 Consent

RS 28:215.5 Coroner's Strategic Initiative for a Health Information and Intervention

Program; advisory board

RS 28:215.6 Limitation of liability

RS 28:221 Definitions

RS 28:222 Individuals who may make an advance directive for mental health treatment;

period of validity

RS 28:223 Designation of representative for decisions about mental health treatment

RS 28:224 Execution of advance directive; witnesses; mental status examination

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RS 28:225 Operation of advance directive; physician or provider to act in accordance with

advance directive

RS 28:226 Determination of incapacity

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

RS 28:228 Prohibitions against requiring an individual to execute or refrain from

executing advance directive

RS 28:229 Advance directive for mental health treatment; part of medical record;

physician or provider compliance; withdrawal of physician or provider

RS 28:230 Disregarding advance directives; circumstances

RS 28:231 Revocation of advance directive

RS 28:232 Limitations on liability of physician or provider

RS 28:233 Individuals prohibited from serving as representative

RS 28:234 Individuals prohibited from serving as witnesses to advance directive for

mental health treatment

RS 28:235 Withdrawal of representative; rescission of withdrawal

RS 28:236 Form

RS 28:237 Status report to the House and Senate Committees on Health and Welfare

RS 28:241 SOUTH LOUISIANA HEALTH SERVICES DISTRICT

RS 28:242 Body corporate; powers

RS 28:243 Board of commissioners created

RS 28:244 Board to govern; membership; tenure; vacancies

RS 28:245 Oaths

RS 28:246 Election of officers; record book; public inspection

RS 28:247 Powers of board

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RS 28:247.1 Compliance with general election laws; qualified electors

RS 28:248 Contracts, let by board; bond

RS 28:249 Property exempt from taxation

RS 28:311 Repealed by Acts 2011, No. 207, §9.

RS 28:311.1 REPEALED BY ACTS 1989, NO. 662, 8, EFF. JULY 7, 1989.

RS 28:311.2 REPEALED BY ACTS 1989, NO. 662, 8, EFF. JULY 7, 1989.

RS 28:311.3 REPEALED BY ACTS 1989, NO. 662, 8, EFF. JULY 7, 1989.

RS 28:311.4 REPEALED BY ACTS 1989, NO. 662, 8, EFF. JULY 7, 1989.

RS 28:311.5 REPEALED BY ACTS 1989, NO. 662, 8, EFF. JULY 7, 1989.

RS 28:311.6 REPEALED BY ACTS 1989, NO. 662, 8, EFF. JULY 7, 1989.

RS 28:312 Repealed by Acts 2011, No. 207, §9.

RS 28:313 Repealed by Acts 2011, No. 207, §9.

RS 28:380 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:381 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:382 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:382.1 Repealed by Acts 2005, No. 90, §2, eff. June 21, 2005.

RS 28:382.2 Repealed by Acts 2008, No. 373, §4, eff. June 21, 2008.

RS 28:383 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:384 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:385 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:386 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:390 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

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RS 28:391 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:392 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:393 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:395 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:396 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:397 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:398 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:399 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:400 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:401 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:402 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:403 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:404 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:405 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:406 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:407 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:408 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:409 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:410 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:411 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:412 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:413 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

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RS 28:420 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2,

eff. July 12, 2005.

RS 28:421 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2,

eff. July 12, 2005.

RS 28:422 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2,

eff. July 12, 2005.

RS 28:423 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2,

eff. July 12, 2005

RS 28:424 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2,

eff. July 12, 2005.

RS 28:425 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2,

eff. July 12, 2005.

RS 28:426 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2,

eff. July 12, 2005.

RS 28:427 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005; Acts 2005, No. 483, §2,

eff. July 12, 2005.

RS 28:430 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:431 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:432 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:433 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:434 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:435 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:436 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:437 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:440 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:441 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

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RS 28:442 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:443 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:444 Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.

RS 28:451.1 Title; purpose; intent

RS 28:451.2 Definitions

RS 28:451.3 Administration of the provisions of this Chapter; responsibilities of human

services authorities and districts; advisory committees

RS 28:451.4 State developmental centers; office for citizens with developmental disabilities

RS 28:451.5 Provision of additional living options and developmental disabilities services

and supports

RS 28:451.6 Assignment of property rights

RS 28:452.1 Rights of persons who have developmental disabilities

RS 28:452.2 Principles for the developmental disabilities services system

RS 28:453.1 Definition; establishment of the ombudsman program

RS 28:453.2 Ombudsman functions and responsibilities

RS 28:453.3 Access; liability

RS 28:453.4 Prohibition of interference; penalties

RS 28:454.1 Developmental disabilities services system

RS 28:454.2 System process; entry; support profile; support plan; transfer and discharge;

follow-up; record

RS 28:454.3 Consent; capacity to consent

RS 28:454.4 Voluntary admission and discharge

RS 28:454.5 Involuntary admission; determination of probable cause

RS 28:454.6 Judicial hearings; commitments

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RS 28:454.7 Duration and discharge of commitment

RS 28:454.8 Judicial commitment; appeals

RS 28:454.9 Judicial commitment; notice of rights

RS 28:454.10 Transfer of persons with developmental disabilities

RS 28:454.11 Rights of persons committed to the department

RS 28:454.12 Immunity from liability

RS 28:454.13 Failure to obey an order or judgment

RS 28:454.14 Criminal matters

RS 28:454.15 Grievance procedure

RS 28:454.16 Appeal procedure

RS 28:454.17 Rules and regulations

RS 28:454.18 Advertisement and award of lease bid

RS 28:455.1 Quality standards

RS 28:455.2 Assurances of consistency with local and state planning

RS 28:461 Findings; policy

RS 28:462 Definitions

RS 28:463 Goals

RS 28:464 Requirements for statewide system

RS 28:465 Individualized family service plan

RS 28:466 Uses of funds

RS 28:467 Procedural safeguards

RS 28:468 Payor of last resort; nonsubstitution; reduction of other benefits

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RS 28:469 System of payments; authority of the Department of Health and Hospitals; cost

participation schedule

RS 28:470 Louisiana State Interagency Coordinating Council for EarlySteps: Louisiana's

Early Intervention Program for Infants and Toddlers with Disabilities and Their

Families

RS 28:470.11 Lafourche Arc Taxing District; creation; governance; funding

RS 28:475 Short title

RS 28:476 Declaration of policy

RS 28:477 Definitions

RS 28:478 Promotion of community based homes

RS 28:501 EXTRADITION OF PERSONS OF UNSOUND MIND

RS 28:502 Definitions

RS 28:503 Persons required to be delivered up on demand

RS 28:504 Duty to apprehend; notice; delivery to agent; costs and expense; power of

agent; power to demand return

RS 28:505 Time for proceedings

RS 28:506 Interpretation of Chapter

RS 28:561 MISCELLANEOUS PROVISIONS

RS 28:562 To 566 Repealed by Acts 1978, No. 680, 3

RS 28:567 Licensing of mental health clinics; applications and fees; rules, regulations, and

standards; moratorium

RS 28:568 Investigation; issuance of license; provisional license

RS 28:569 Denial, revocation, or nonrenewal of license; grounds

RS 28:570 Notice of reasons for nonrenewal or revocation of license; review; hearing

RS 28:571 Right of inspection by department; records; reports

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RS 28:572 Term of license; renewal fee; display; transfer

RS 28:573 Operation without license; penalty

RS 28:621 Pilot programs for children with developmental disabilities who are considered

at-risk juveniles

RS 28:721 INTERSTATE COMPACT ON MENTAL HEALTH

RS 28:722 Compact administrator; powers

RS 28:723 Supplementary agreements

RS 28:724 Discharge of financial obligations

RS 28:725 Proposed transferees

RS 28:726 Distribution of copies of law

RS 28:750 LOUISIANA DEVELOPMENTAL

RS 28:751 Definitions

RS 28:752 Responsibilities

RS 28:753 Membership

RS 28:754 Council officers

RS 28:755 Council remuneration

RS 28:756 Council bylaws

RS 28:757 Council staffing

RS 28:758 Regulations

RS 28:771 Office of behavioral health; functions related to addictive disorders

RS 28:772 Funding of regional addictive disorder services

RS 28:801 Repealed by Acts 1997, No. 1116, 2.

RS 28:802 Repealed by Acts 1997, No. 1116, 2.

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RS 28:803 Repealed by Acts 1997, No. 1116, 2.

RS 28:804 Repealed by Acts 1997, No. 1116, 2.

RS 28:805 Repealed by Acts 1997, No. 1116, 2.

RS 28:806 Repealed by Acts 1997, No. 1116, 2.

RS 28:807 Repealed by Acts 1997, No. 1116, 2.

RS 28:808 Repealed by Acts 1997, No. 1116, 2.

RS 28:809 Repealed by Acts 1997, No. 1116, 2.

RS 28:821 Findings and purpose

RS 28:822 Definitions

RS 28:823 Principles

RS 28:824 Community and Family Support System plan

RS 28:825 Administering medication

RS 28:826 Community and Family Support System Fund

RS 28:827 Active duty military families

RS 28:831 Jefferson Parish Human Services Authority; creation; jurisdiction; powers,

duties, and functions

RS 28:841 Office of behavioral health; functions related to compulsive and problem

gambling

RS 28:842 Compulsive and Problem Gaming Fund; creation

RS 28:851 Definitions

RS 28:852 Florida Parishes Human Services Authority; creation; jurisdiction; domicile

RS 28:853 Governing board; membership; appointment; terms; compensation

RS 28:854 Authority; functions, powers, and duties

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RS 28:855 Functions; transferred

RS 28:856 Employees; transferred

RS 28:861 Definitions

RS 28:862 Metropolitan Human Services District; creation; jurisdiction; domicile

RS 28:863 Governing board; membership; appointment; terms; compensation

RS 28:864 Authority; functions, powers, and duties

RS 28:865 Functions; transferred

RS 28:866 Employees; transferred

RS 28:871 Definitions

RS 28:872 South Central Louisiana Human Services Authority; creation; jurisdiction;

domicile

RS 28:873 Governing board; membership; appointment; terms; compensation

RS 28:874 Authority; functions, powers, and duties

RS 28:875 Functions; transferred

RS 28:876 Employees; transferred

RS 28:891 Definitions

RS 28:892 Northeast Delta Human Services Authority; creation; jurisdiction; domicile

RS 28:893 Governing board; membership; appointment; terms; compensation

RS 28:894 Authority; functions, powers, and duties

RS 28:895 Functions; transferred

RS 28:896 Employees; transferred

RS 28:901 Definitions

RS 28:902 Capital Area Human Services District; creation; jurisdiction; domicile

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RS 28:903 Governing board; membership; appointment; terms; compensation

RS 28:904 District; functions, powers, and duties

RS 28:905 Functions; transferred

RS 28:906 employees; transferred

RS 28:911 Definitions

RS 28:912 Creation and jurisdiction

RS 28:913 Governing board; membership; appointment; terms; compensation

RS 28:914 Requirements for districts

RS 28:915 Districts; functions, powers, and duties

RS 28:916 Functions; transferred

RS 28:917 Employees; transferred

RS 28:918 Human Services Interagency Council; membership and responsibilities

RS 28:919 Department of Health and Hospitals; responsibility and authority; readiness

assessment; surveys; framework and accountability plan; sanctions

RS 28:920 Conflict with other district statutes

RS 28:2180.11 Purpose

RS 28:2180.12 Definitions

RS 28:2180.13 Licensure of crisis receiving centers

RS 28:2180.14 Rules and regulations; licensing standards

RS 28:2180.15 License issuance; application; on-site inspection

RS 28:2180.16 Operation without license; penalty