Docstoc

TITLE MENTAL HEALTH MENTAL RETARDATION AND

Document Sample
TITLE MENTAL HEALTH MENTAL RETARDATION AND Powered By Docstoc
					                                   TITLE 28. MENTAL HEALTH

            CHAPTER 4. MENTAL RETARDATION AND DEVELOPMENTAL
                              DISABILITY LAW

                                 PART I. GENERAL PROVISIONS

§380. Title; purpose; intent; costs

        A. This Chapter shall be cited as the Mental Retardation and Developmental Disability Law.

         B. It is the purpose of this Chapter to provide for a Mental Retardation and Developmental
Disabilities Services System, and in doing so to protect the basic human rights of individuals who are
mentally retarded or developmentally disabled and living in the state. In order to establish and maintain this
system, the office for citizens with developmental disabilities and other offices of the department as
appropriate, shall annually submit to the legislature proposed budgets that shall indicate the amount of funds
from state and federal sources necessary to provide for such a system for that fiscal year. The proposed
budgets will reflect needs identified in the state plan for the Mental Retardation and Developmental
Disabilities Services System.

         C. It is the intent of this Chapter to provide a Mental Retardation and Developmental Disabilities
Services System through a regional network of public and private residential living options or mental
retardation and developmental disabilities services or both under the administration and supervision of the
office and the department. The extent of such administration and supervision in regard to private residential
living options or mental retardation and developmental disabilities services or both shall be defined by
written agreement or contract that will ensure and preserve the identity and purpose of the facility.

         D. The recipient or his legally responsible relative shall pay, in whole or in part, costs of the
residential living options and mental retardation and developmental disabilities services for which the
recipient may be liable under provisions of this Chapter. The department shall promulgate rules and
regulations for the assessment of charges in accordance with the ability to pay and in accordance with
applicable state or federal laws. It is not the intent of this Chapter that the residential living options or
mental retardation and developmental disabilities services or both be provided at no cost to individuals who
are financially able to pay for these costs, in whole or in part.

       E. This Chapter shall be implemented in accordance with the provisions of R.S. 36:258(G)(3) and
R.S. 40:2121 et seq.

         F. All special schools operated under the jurisdiction of the State Board of Elementary and
Secondary Education, the Louisiana School for the Deaf, the Louisiana School for the Visually Impaired,
the Louisiana Special Education Center, and the Northeast Louisiana Special Education Center are
exempted from the provisions of this Chapter. The degree to which special schools operated under the
jurisdiction of the State Board of Elementary and Secondary Education wish to participate in the Mental
Retardation and Developmental Disabilities Services System will be defined by interagency agreement
between the State Board of Elementary and Secondary Education and the office for citizens with
developmental disabilities.

        G. The provisions of this Act shall not be construed to delete, change, affect, or decrease the
requirements of R.S. 17:1941-17:1959 regarding Special School District No. 1 and/or the Louisiana
Department of Education.

§381. Definitions

        For purposes of this Chapter:



                                                     46
       (1) "Adaptive behavior" means the effectiveness or degree with which an individual meets the
standards of personal independence and social responsibility expected for age and cultural group.

       (2) "Adult day services" means services provided in the community for mentally retarded or
developmentally disabled adults. Adult day services include, but are not limited to, structured work
programs, prevocational programs, socialization and self-help programs, and behavior management
programs.

        (3) "Appropriate" means:

        (a) In accordance with minimum standards of the department and the provisions of this Chapter.

       (b) In the least restrictive manner or setting possible, consistent with the best interests of the
mentally retarded or developmentally disabled individual.

        (c) In accordance with the mental retardation and developmental disability service plan.

        (4) "Assistant secretary" means the assistant secretary of the office for citizens with developmental
disabilities of the Department of Health and Hospitals.

        (5) "Autism" means a condition characterized by disturbances in the rate of appearance and
sequencing of developmental milestones, abnormal responses to sensations, delayed or absent speech and
language while specific thinking capabilities may be present, and abnormal ways of relating to people and
things.

         (6) "Case management" means a department mechanism for linking, coordinating, and developing
segments of a Mental Retardation and Developmental Disabilities Services System to insure appropriate
residential living options or mental retardation and developmental disabilities services or both to meet a
recipient's needs to the greatest extent possible, including those recipients who are served by multiple
agencies or regional service centers. Such case management services shall be conducted in accordance with
established department procedures.

       (7) "Cerebral palsy" means a permanently disabling condition resulting from damage to the
developing brain that may occur before, during or after birth and results in loss or impairment of control
over voluntary muscles.

         (8) "Community home" means residential living options that are certified, licensed, or monitored by
the department to provide residential services to fifteen or fewer mentally retarded or developmentally
disabled individuals. Community homes that provide for six or fewer mentally retarded or developmentally
disabled individuals, with no more than two live- in staff, shall be considered single family units having
common interests, goals, and problems. A community home that provides residential living options for seven
to fifteen mentally retarded or developmentally disabled individuals shall be referred to as a group home.

        (9) "Dangerous to others" means the condition of a person whose behavior or significant threats
support a reasonable expectation that there is a substantial risk that he will inflict physical harm upon
another person in the near future.

        (10) "Dangerous to self" means the condition of a person whose behavior, significant threats, or
inaction supports a reasonable expectation that there is a substantial risk that he will inflict physical or
severe emotional harm upon his own person.

       (11) "Department" means the Department of Health and Human Resources of the state of
Louisiana.

        (12) "Developmental disability" means a severe chronic disability of a person:


                                                     47
        (a) That is attributable to:

        (i) Mental retardation, cerebral palsy, epilepsy, or autism; or

         (ii) Any other condition, other than mental illness, found to be closely related to mental retardation
because this condition results in impairment of general intellectual functioning or adaptive behavior similar
to that of mentally retarded persons, or requires treatment or services similar to those required for these
persons.

        (b) That is manifested before the person reaches age 22.

        (c) That is likely to continue indefinitely.

         (d) That results in substantial functional limitations in three or more of the following areas of major
life activity:

        (i) Self-care.

        (ii) Understanding and use of language.

        (iii) Learning.

        (iv) Mobility.

        (v) Self-direction.

        (vi) Capacity for independent living.

       (13) "Director" means the person appointed as head of a private agency providing residential living
options or mental retardation and developmental disabilities services or both.

        (14) "Educational services" means education of the mentally retarded or developmentally disabled
that includes, but is not limited to, special education, vocational education, or adult education.

       (15) "Epilepsy" means a disorder of the central nervous system that is characterized by repeated
seizures that are produced by uncontrolled electrical discharges in the brain.

         (16) "Family support services" means advocacy services, family counseling including genetic
counseling, family subsidy programs, parent-to-parent outreach, legal assistance, income maintenance,
parent training, homemaker services, minor home renovations, and marriage and family education and other
related programs.

         (17) "Facility administrator" means the official or superintendent appointed as the head of a state
or privately operated residential facility, and includes anyone designated by the facility administrator to act
on the facility administrator's behalf.

        (18) "General intellectual functioning" means the results obtained by assessment with one or more
of the individually administered general intelligence tests developed for that purpose.

         (19) "Generic service plan" means a plan developed by a case manager, a multidisciplinary
evaluation team coordinator, and the individual following receipt of the recommendations of a
multidisciplinary evaluation report enumerating those mental retardation and developmental disabilities
services or residential living options or both that a mentally retarded or developmentally disabled individual
is eligible for and should receive, if available.


                                                      48
        (20) "Health services" means dental services, nutritional services, medical services, and mental
health services and other related health services.

         (21) "Incapable of caring for himself or his personal safety" means the inability of a person to
independently provide for his own basic physical needs, such as essential food, clothing, and shelter, or his
inability to protect himself from serious harm due to his disregard of or inability to discern the dangers and
hazards found in everyday life.

         (22) "Individual" means a person who is mentally retarded or developmentally disabled and, if
applicable, the parent, curator, or tutor, or other person able to give legally adequate consent. While other
persons, in addition to the mentally retarded or developmentally disabled individual, are included in this
definition for the purpose of providers, the department, and the office interacting with the person who can
give legally adequate consent, no benefits of this Chapter are intended to accrue to such persons.

        (23) "Infant Intervention Services" means services for handicapped infants from birth to three years
provided either through a center-based or home-training program including, but not limited to, language
stimulation and development, motor development, socialization and self-help skills development, cognitive
development, behavior management, parent training, and other services as appropriate to individual needs.

        (24) "Information and referral services" means client tracking, data management, and such services
that are established for the purpose of receiving individual referrals to the Mental Retardation and
Developmental Disabilities Services System.

       (25) "In-home" means a residential living option in which a mentally retarded or developmentally
disabled individual lives in his own home or in the home of his parents or legal guardians.

        (26) "Legal status determination" means the establishment of whether it is a matter of record that
the mentally retarded or developmentally disabled individual can give legally adequate consent or another
person such as the parent of a minor or person properly designated by a court of competent jurisdiction
must give such consent.

       (27) "Legally adequate consent" means consent given by a person when each of the following
conditions have been met:

        (a) The person giving consent is of legal age and has not been adjudicated incompetent to manage
his personal affairs by an appropriate court of law.

        (b) The person giving consent has been informed of and adequately comprehends the matters,
purposes, consequences, risks of the procedure and benefits of any alternative procedure, and the fact that
the withholding or withdrawing of consent shall not prejudice future provision of care and services to the
recipient. Furthermore, in cases of unusual or hazardous treatment procedures, experimental research,
organ transplantation, and nontherapeutic surgery, the person giving the consent has been informed of and
adequately comprehends the method to be used in the proposed procedure.

       (c) The person giving the consent has given it voluntarily and free from coercion and undue
influence.

       (28) "Mental retardation" means significantly subaverage general intellectual functioning existing
concurrently with deficits in adaptive behavior, and manifested during the developmental period.

         (29) "Mental retardation and developmental disabilities services" means programs and assistance
for mentally retarded or developmentally disabled persons that include, but are not limited to, information
and referral services, case management services, diagnosis and evaluation services, generic service plan
development services, family support services, health services, educational services, therapies and
habilitation services, vocational services, transportation services, recreation and leisure services, special


                                                     49
olympics services, respite services, infant intervention services, and adult day services.

         (30) "Mental retardation and developmental disabilities services plan" means a written plan
developed by a public or private provider after a mentally retarded or developmentally disabled individual
has been admitted to their specific mental retardation and developmental disabilities services and residential
living options. Such service plan shall include goals, objectives, anticipated duration of services, and such
other requirements as may be enumerated in state or federal regulations.

         (31) "Multidisciplinary evaluation" means an assessment of need for mental retardation and
developmental disabilities services or residential living options or both, and a determination that a person
is mentally retarded or developmentally disabled by a group of professionals meeting together conducting
their respective evaluations on an individual who is mentally retarded or developmentally disabled or
suspected of being mentally retarded or developmentally disabled. The multidisciplinary evaluation process
shall be coordinated by an evaluation coordinator who shall be responsible for developing an integrated
evaluation report following a group meeting with those professionals who conducted the multidisciplinary
evaluation. Another purpose of the multidisciplinary evaluation is to diagnose mental retardation or
developmental disability as defined herein.

       (32) "Office" means the office for citizens with developmental disabilities of the Department of
Health and Hospitals.

        (33) "Provider" means a person, partnership, corporation, state agency, or other legal entity that
provides mental retardation and developmental disabilities services or residential living options or both and
that receives state or federal funds or both.

         (34) "Recipient" means an individual who is mentally retarded or developmentally disabled and who
is receiving services from the office for citizens with developmental disabilities or other providers of mental
retardation and developmental disabilities services or residential living options or both.

         (35) "Recreation and leisure services" means recreational assessment, planning and programming
for individual recreation and leisure needs, recreation and leisure services primarily for evening and
weekend activities, and other related recreation and leisure services.

        (36)(a) "Regional service center" means an administrative unit of the office for citizens with
developmental disabilities under its administration, supervision, and control through which the office
administers and coordinates the Mental Retardation and Developmental Disabilities Services System in any
given region.

        (b) The center is responsible for:

        (i) Regional planning.

        (ii) Stimulating the development of needed services from private or public providers.

         (iii) Presentation of budget information to the office for all residential living options or mental
retardation and developmental disabilities services, or both, in the region and, as appropriate, requesting
funding for such services through normal budgetary channels.

        (iv) Dispersal of appropriations made to the region through the office.

        (v) Administration of the state schools assigned to its geographic area.

         (c) The regional center shall utilize existing private and public resources to the maximum extent
possible. The relationship between a private provider and a regional service center shall be defined by
written agreement or contract as specified in R.S. 28:380(C) to allow for maximum permissible fiscal and


                                                      50
administrative autonomy.

       (37) "Resident" means a mentally retarded or developmentally disabled individual receiving services
from and living in a licensed public or private residential living option.

       (38) "Residential facilities" means residential living options that are certified and licensed, by the
department to provide residential services to sixteen or more mentally retarded or developmentally disabled
individuals.
       (39) "Residential living options" means a variety of settings wherein a mentally retarded or
developmentally disabled individual lives, including but not be limited to, in-home, substitute family care,
supervised apartments, community homes, and residential facilities.

       (40) "Respite services" means in-home and out-of-home services to mentally retarded or
developmentally disabled individuals to provide respite for a period of time not to exceed thirty days, each
time services are requested.

         (41) "Responsible relative (legally)" means nearest of kin by blood or marriage known to the public
or private provider of residential living options, mental retardation and developmental disabilities services
or both who is legally responsible to pay, in whole or in part, the costs of such services or living options.

         (42) "Significantly subaverage" means more than two standard deviations below the mean for the
test of intellectual functioning.

         (43) "Special olympics services" means seasonal special olympic activities such as track and field,
softball, volleyball, bowling, swimming, basketball, gymnastics, and such training as may be necessary to
involve mentally retarded or developmentally disabled individuals in these activities.

         (44) "Substitute family care" means those residential living options wherein providers contract with
the office for citizens with developmental disabilities directly or through a regional service center to accept
mentally retarded or developmentally disabled individuals into their homes and to provide for their physical,
emotional, educational, habilitative, and social needs.

         (45) "Supervised apartments" means those residential living options certified and licensed by the
department comprised of congregate or individual apartments where residents are provided necessary
mental retardation and developmental disability services, such as training in community living skills, and
assistance in obtaining financial aid, so as to allow mentally retarded or developmentally disabled individuals
to live as independently as possible in the community.

         (46) "Therapies and habilitation services" means behavioral intervention, communication training,
occupational therapy, physical therapy, community living skills training, self-help skills training, socialization
skills training, infant intervention training, and other related therapies and habilitation services.

       (47) "Vocational services" means those habilitative services provided directly or through
cooperating agencies to an individual in accordance with his or her individualized plan and designed to
improve or enhance skills and behaviors necessary for successful placement in a work setting.

§382. Administration of this Chapter; regionalization; regional service centers; regional advisory
committees; state advisory committee

         A. This Chapter shall be administered by the office according to regulations promulgated by the
office in accordance with the Administrative Procedure Act with input from public and private service
providers and from the state and regional advisory committees. These regulations shall have the force and
effect of law and be applicable to public and private providers of residential living options or mental
retardation and developmental disabilities services, or both, that accept state or federal funds, or both.



                                                       51
         B. The office shall provide for residential living options or mental retardation and developmental
disabilities services, or both, on a regional basis through regional service centers. Each regional service
center shall be an administrative unit of the office under its administration, supervision, and control. Each
regional service center shall be responsible for an annual budget presentation which shall be
programmatically developed with input through established procedures by the regional advisory committee
with funds designated for expenditure at the regional level, and which is to be submitted to the office and
the state advisory committee. Each regional advisory committee shall be provided with a copy of the initial
budget allocation and description of budget items for their region at the next regularly scheduled meeting
following receipt from the office. A copy of revisions in a regional budget allocation shall also be provided
to each regional advisory committee at its next regularly scheduled meeting following the revision. The
annual budget presentation shall reflect the amount of funds required to provide mental retardation and
developmental disabilities services or residential living option, or both, identified in the regional service plan
from private, local, state, and federal sources.

         C. The assistant secretary of the office for citizens with developmental disabilities shall be the
administrative head of the office and be fully responsible both fiscally and programmatically for the
administration of regional service centers. Each regional service center shall annually submit to the office
a regional plan developed with and approved by the regional advisory committee for provision of mental
retardation and developmental disabilities services or residential living options, or both, on a date specified
by the office. The office shall use these regional plans and input from the state advisory committee, regional
advisory committees, and from other officers of the department as appropriate in the development of the
state plan.

         D. The office shall establish advisory committees at the regional level. These advisory committees
shall provide public input into the regional planning process and review and comment on regulations
proposed by the office and on the proposed regional plans and budgets. The regional advisory committees
shall receive information from family support advisory councils on implementation of family support by the
office and shall advise the regional offices accordingly. The regional advisory committees shall collaborate
with the regional offices to develop consumer awareness plans for each region. Such plans shall provide
for public dissemination of information regarding the services available through each regional office. The
regional advisory committees each shall consist of twelve members and shall include, but not be limited to,
public and private providers, persons with developmental disabilities or parents thereof, and representatives
of advocacy organizations as determined by the assistant secretary from names submitted by consumer,
provider, and advocacy groups, with the approval of the secretary of the department.

         E. (1) The office shall establish a state advisory committee which shall provide public input to the
office regarding proposed regulations and the development of the state plan and budget. The state advisory
committee shall include, but not be limited to:

          (a) Public and private providers.

          (b) Persons with developmental disabilities.

          (c) Two parents of persons with developmental disabilities who reside in a state developmental
center.

          (d) Two parents of persons with developmental disabilities who reside in the community.

      (e) A representative of the American Federation of State, County, and Municipal Employees
Council #17.

       (f) Representatives of advocacy organizations, as determined by the assistant secretary from names
submitted by the regional advisory committees, with the approval of the secretary of the department.




                                                       52
         (2) The state advisory committee shall coordinate with all regional advisory committees and shall
use data provided by the regional advisory committees in its deliberations. The state advisory committee
shall also receive and use information from the family support advisory council and from the state advisory
committee on supported living.

        F. The rules and regulations promulgated by the office pursuant to this Section shall promote
coordination among state and regional offices and state and regional advisory committees and shall promote
responsiveness to consumer and provider input regarding the delivery of services by the office.

§383. Apportionment of regions

         The office may divide the state into regions for the purpose of developing the regional service
system mandated by this Chapter. The office may change any apportionment of the regions through
regulations promulgated by the office in accordance with the Administrative Procedure Act, R.S. 49:951
et seq.

§384. State developmental centers; office for citizens with developmental disabilities

         The office shall administer, supervise, and be responsible for the operation of state developmental
centers providing residential living options and mental retardation, and developmental disabilities services,
or both. Pinecrest Developmental Center, Ruston Developmental Center, Columbia Developmental
Center, Northwest Louisiana Developmental Center, Leesville Developmental Center, Southwest Louisiana
Developmental Center, Hammond Developmental Center, Metropolitan Developmental Center, and
Peltier-Lawless Developmental Center are created and continued as administrative units of this office and
designated as components of a regional service center if so specified by the office.

§385. Provision of additional residential living options and mental retardation and developmental
disabilities services

         A. The office may provide residential living options or mental retardation and developmental
disabilities services or both directly or through regional service centers established pursuant to R.S. 28:382
or through written agreements with private providers. Such written agreements may be with any person,
organization, agency, or corporation that complies with the requirements of this Chapter including, but not
limited to, licensure, regulations promulgated pursuant to the Chapter, and such other applicable
requirements promulgated by the department.

         B. New residential living options or mental retardation and developmental disabilities services or
both developed after the effective date of this Chapter must be consistent with the designated needed
mental retardation and developmental disabilities services or residential living options or both of the mental
retardation and developmental disability state plan in addition to the requirements of this Chapter in order
to receive state or federal funds, unless otherwise precluded by state or federal law or regulation.

        C. All community residential living options or mental retardation and developmental disabilities
services or both that were formerly established under the supervision and administration of the office under
previous state law are continued.

§386. Assignment of property rights by recipient

           A. By receiving services from and living in a licensed, state operated, twenty-four hour residential
facility provided by or through the office for citizens with developmental disabilities of the Department of
Health and Hospitals, the recipient shall be deemed to have made an assignment to the department of his
right, title, and interest in any property he owns, including interest in any trust or succession, up to the cost
of the services actually provided. The portion of property and all assets which, pursuant to federal
regulations or statute, the recipient may retain and still maintain eligibility for coverage under Title XIX
programs or successor programs shall be exempt from such assignment.


                                                      53
         B. The department shall be subrogated to the rights of any such recipient in such property
to the full extent of the costs due for providing such services to the recipient. The department shall be
required to initiate or intervene in any civil actions, either in its own name or in the name of the recipient,
in order to collect such costs. This Section shall be liberally construed in order to effectuate its purpose.


    PART II. RIGHTS OF INDIVIDUALS WHO ARE MENTALLY RETARDED OR
     DEVELOPMENTALLY DISABLED AND PRINCIPLES FOR THE MENTAL
    RETARDATION AND DEVELOPMENTAL DISABILITIES SERVICES SYSTEM

§390. Rights of individuals who are mentally retarded or developmentally disabled

         A. Every individual who is mentally retarded or developmentally disabled in this state shall have
the rights, benefits, and privileges guaranteed by the constitution and laws of the United States and the
constitution and laws of the state of Louisiana. Every recipient shall enjoy the same rights as other citizens
of the United States and Louisiana, except when restricted by law. The rights of individuals who are
mentally retarded or developmentally disabled that are specifically enumerated in this Chapter are in
addition to all other rights enjoyed by all other citizens, and such listing of rights is neither exclusive nor
intended to infringe upon any rights that are guaranteed to the mentally retarded or developmentally
disabled under the laws and constitutions of the United States and the state of Louisiana.

        B. Every individual who is mentally retarded or developmentally disabled shall have the following
rights unless restricted by law:

          (1) To live in the least restrictive residential living option appropriate to his individual needs and
abilities, including the right to live in a variety of living situations, such as the right to live in home, in
substitute family care, in supervised apartments, in community homes, or residential facilities.

          (2) To receive appropriate residential living options or mental retardation and developmental
disabilities services or both suited to each individual's needs in order to maximize his capabilities and to
enhance his ability to cope with his environment.

         (3) To receive diagnosis and evaluation services if the individual is thought to be mentally retarded
or developmentally disabled, and any individual who requests diagnosis and evaluation services shall have
the right to request and receive a prompt administrative hearing for the purpose of contesting the denial or
the findings of the diagnosis and evaluation services and determining eligibility and need for participation
in the Mental Retardation and Developmental Disabilities Services System. In addition, the individual for
whom the diagnosis and evaluation is performed and any other person who requested the diagnosis and
evaluation shall have the right to an additional independent diagnosis and evaluation at the individual's own
cost if such person or individual questions the validity or results of the diagnosis and evaluation.

        (4) To participate in the least restrictive mental retardation and developmental disabilities service,
which is the right to participate in a service that is appropriate to his or her needs and to be provided
services in the least intrusive manner appropriate to his or her needs.

        (5) To have prepared a mental retardation and developmental disability service plan as defined
in this Chapter.

        (6) To have a review of the diagnosis and evaluation periodically.

         (7) To withdraw from residential living options or mental retardation and developmental disabilities
services or both to which they have been admitted voluntarily. Any recipient wishing to withdraw from
residential living options or mental retardation and developmental disabilities services or both to which they
have been admitted voluntarily shall not be detained longer than seventy-two hours, unless otherwise


                                                      54
authorized by law, after a valid written request of discharge or unless a commitment proceeding is instituted
by the department or others during the seventy-two hour period.

       (8) To participate in planning with regard to the residential living options or mental retardation and
developmental disabilities services or both to be provided and to be informed in writing of progress at
reasonable intervals.

        (9) To be informed of rights at the determination of eligibility for the Mental Retardation and
Developmental Disabilities Services System. Each recipient shall be given notice of the rights guaranteed
by this Chapter and shall be orally informed of these rights.

        (10) To receive an education. Every school-age mentally retarded or developmentally disabled
person shall have the right to receive publicly supported educational services in accordance with R.S.
17:1941 et seq. The services provided to every mentally retarded or developmentally disabled school age
person shall be appropriate to his individual needs regardless of chronological age, degree of retardation,
accompanying disabilities or handicaps, or admission or commitment to mental retardation and
developmental disabilities services.

§391. Recipient record; confidentiality

        A. Each recipient shall have a central record established and maintained by the provider. The
record shall include data pertaining to admission and such other information as may be required by the
office and in accordance with other state or federal laws or regulations.

         B. Unless legally adequate consent for waiver of confidentiality has been obtained from the
recipient or the person of record who may give legally adequate consent on behalf of the recipient, the
recipient's central record shall be confidential. The recipient's central record shall not be a public record,
and no part of it shall be released except as may be required by the department's policies, procedures, or
regulations, and any federal and state laws.

         C. All central records for each recipient in mental retardation and developmental disabilities
services or residential living option operated by or supported by the state shall meet minimum standards
as specified by the office. The central record shall meet minimum standards as specified by the office. The
central record shall accurately summarize each recipient's history and present condition.

        D. The recipient shall be supplied with a copy of the central record upon written request.

§392. Rights of residents of residential facilities

        A. Each recipient of a residential living option shall have all of the rights guaranteed to every citizen
of the United States and the state of Louisiana by constitutions and laws thereof, subject only to the
reasonable restrictions by written rules for the orderly administration of the residential living option or by
any committing court.

         B. The following civil rights shall not be abridged except by the facility administrator or director
of a residential living option for good cause that shall be documented by an immediate entry in the
recipient's record explaining the reasons for such denial of a recipient's rights with a copy being submitted
to the individual, the parent, tutor, curator, or attorney of the recipient, or the committing court in the case
of a committed recipient. Good cause shall only be as defined in regulations mandated by this Chapter
once promulgated:

         (1) The right to communicate, by uncensored mail or otherwise, with persons inside or outside the
residential living option, and to have access to reasonable amounts of letter- writing material and postage.




                                                       55
        (2) The right to receive visitors at all reasonable times. This right shall only be abridged if it is
essential in order to prevent serious physical and mental harm to the resident or to maintain orderly
administration of the residential living option.

        (3) The right to wear his own clothes, to keep and use his own personal possessions, to keep and
be allowed to spend a reasonable sum of his own money for small purchases, and to have access to
individual storage space for his private use.

        (4) The right to refuse specific modes of mental retardation and developmental disabilities services
unless contrary to health, habilitative, or medical needs.

        (5) The right to communicate with his physician or his spiritual advisor at all reasonable times.

        (6) The right to practice his religion in accordance with its tenets without hindrance, insofar as the
practice of said religion does not infringe upon the rights of other persons or require personnel or facilities
not readily available at or to the residential living option.

        (7) The right to have physical exercise and recreational opportunities.

       C. Each resident shall have the right to prompt, appropriate, and necessary dental services and
to prompt, appropriate, and necessary medical and health services for treatment and prevention of physical
and mental disorders.

        D. The rights set forth in this Section shall be brought to the attention of all residents by such means
as the department shall designate.

        E. The following rights of a resident shall not be abridged by anyone:

        (1) The right to be visited by his attorney at all times.

        (2) The right to communicate by uncensored mail with his attorney and the committing court.

§393. Principles for the Mental Retardation and Developmental Disabilities Services System

         A. It is recognized that mental retardation or developmental disability does not in and of itself pose
a threat to the safety and security of a community or the individual and as such does not preclude the
individual who is mentally retarded or developmentally disabled from the benefits, rights, and duties of other
members of the community.

         B. The office shall administer the provisions of this Chapter in such a manner as not to preclude
the participation of individuals who are mentally retarded or developmentally disabled in programs and
services that are available to all community members if such programs and services are appropriate for
meeting the needs of the individual who is mentally retarded or developmentally disabled.

         C. The rights of the individual who is mentally retarded or developmentally disabled as enumerated
in this Part shall be used as principles in the development of the regulations mandated by this Chapter.


                              PART II-A. OMBUDSMAN PROGRAM

§395. Establishment of the ombudsman program

        A. The ombudsman program is established in the office of the attorney general for the purpose of
monitoring care received by persons with mental retardation or developmental disabilities residing in state-
licensed facilities for persons with developmental disabilities funded through the Department of Health and


                                                      56
Hospitals excluding state-operated residential care facilities.

        B.(1) Not later than one year after June 22, 1993, the attorney general shall adopt rules and
regulations, in accordance with the provisions of the Administrative Procedure Act, governing the
certification and training program for the establishment of the ombudsman program.

        (2) Required training shall cover the following areas:

        (a) Resident's rights.

        (b) Complaint resolution.

        (c) Community resources.

        (d) An understanding of mental retardation and developmental disabilities.

      C. Certification shall be valid for one year. An ombudsman may be decertified for misconduct,
incompetence, or material neglect of duty.

        D. The attorney general's office shall meet with the Department of Health and Hospitals not later
than one year after June 22, 1993, for administrative review to report to the Joint Health and Welfare
Committee.

§396. Definition

        The following definition shall apply:

        "Ombudsman" means an individual who is trained and certified as required by the office of the
attorney general.

§397. Ombudsman; functions and responsibilities

        A. The ombudsman shall have the following functions and responsibilities:

         (1) To receive, investigate, and resolve complaints made by or on behalf of residents concerning
any act, omission, practice, or procedure that may adversely affect the health, safety, or welfare of any
resident.

         (2) To visit facilities on a regular basis to become acquainted with the residents, their families,
facility administration, and facility personnel.

       (3) To serve as a liaison between residents, their families, facility administration, and facility
personnel.

      (4) To encourage residents in self advocacy when problems are expressed and to make
recommendations to the facility administration for the appropriate resolution of the problem.

        (5) To promote awareness of the ombudsman program.

        B. No individual may serve as an ombudsman without appropriate training and certification.

§398. Access

      A. The ombudsman shall have immediate access to any resident in the reasonable pursuit of the
ombudsman's functions and responsibilities, shall inform the administrator or person in charge upon entering


                                                    57
the facility, and shall perform the ombudsman duties in the manner least disruptive of resident care and
activities.


        B. In exercising the ombudsman's responsibilities, the ombudsman may engage in the following
actions:

        (1) Communicating privately and confidentially with residents of the facilities.

        (2) Reviewing or obtaining any books, files, medical, social, or financial records, or other relevant
records pertaining to a particular resident, provided written consent is obtained from such resident or the
resident's legal representative.

        C. The ombudsman, and any agency that receives information from the ombudsman, shall maintain
as confidential all matters relating to any inquiry or referral, including the identity of the resident, unless the
resident or the resident's legal representative consents in writing to the disclosure.

        D. No ombudsman shall be liable under state law for the good faith performance of official duties
as defined by state and federal laws and regulations.

§399. Prohibition of interference; penalties

          A residential facility shall cooperate with an ombudsman in the performance of the ombudsman's
official duties. Facilities shall not interfere with, nor retaliate against, a resident who has filed a complaint
with an ombudsman. Any person who knowingly or willfully violates the provisions of this Section shall be
guilty of a misdemeanor and upon conviction shall be fined not less than one hundred nor more than five
hundred dollars.


              PART III. MENTAL RETARDATION AND DEVELOPMENTAL
                          DISABILITIES SERVICES SYSTEM

§400. Mental Retardation and Developmental Disabilities Services System defined

         The office for citizens with developmental disabilities shall establish a Mental Retardation and
Developmental Disabilities Services System. For the purposes of this Chapter, the "Mental Retardation
and Developmental Disabilities Services System" means the combination of private and public mental
retardation and developmental disabilities services and residential living options and the process by which
a mentally retarded or developmentally disabled individual is admitted, transferred, or discharged within
this system that is administered by the office through the regional service centers.

§401. Mental Retardation and Developmental Disabilities Services System components

        A. Mental retardation and developmental disabilities services shall include, but not be limited to:

        (1) Information and referral services.

        (2) Case management services.

        (3) Diagnosis and evaluation services.

        (4) Generic plan development services.

        (5) Family support services.



                                                       58
          (6) Health services.

          (7) Educational services.

          (8) Therapies and habilitation services.

          (9) Vocational services.

          (10) Transportation services.

          (11) Recreation and leisure services.

          (12) Special olympics services.

          (13) Respite services.

          (14) Infant intervention services.

          (15) Adult day services.

       (16) Vocational rehabilitation services (Provided in accordance with cooperative agreements with
the Division of Vocational Rehabilitation).

          (17) Research services.

          (18) Staff development services.

          B. Residential living options shall include, but not be limited to:

          (1) In home.

          (2) Substitute family care.

          (3) Supervised apartments.

          (4) Community homes including group homes.

          (5) Residential facilities.

       C. The process by which an individual is admitted, discharged, or transferred within the system
includes, but is not limited to:

      (1) The receipt by a case manager of a referral for entry into the Mental Retardation and
Developmental Disabilities Services System from a variety of sources.

       (2) The convening by the case manager of a group of professionals to conduct a multidisciplinary
evaluation and prepare an integrated evaluation report.

       (3) Following the multi-disciplinary evaluation and subsequent diagnosis of mental retardation or
developmental disability, a determination by the case manager of eligibility for participation in the Mental
Retardation and Developmental Disabilities Services System.

          (4) The determination by the case manager of legal status of the recipient consistent with R.S.
28:440.



                                                     59
         (5) The development by the case manager, a multi-disciplinary evaluation team coordinator, and
the individual of a generic services plan based on an integrated multi-disciplinary evaluation report for
referral or presentation to the proper agency or agencies. Such generic services plan shall include, at a
minimum, a generic recommendation for mental retardation and developmental disabilities services or a
generic recommendation of residential living options or both.

       (6) Following approval of the generic services plan, such plan shall be implemented to the extent
possible through a regional service center.

        (7) The mental retardation and developmental disabilities services plan shall be developed by
public or private providers who have accepted responsibility for the implementation of the generic services
plan.

        (8) There shall be a review at least every [three] five years of the diagnosis and evaluation of the
recipient, or whenever a request is made by the recipient’s case manager, the individual recipient, or if
applicable, due to the recipient’s age or inability to give legal consent, the recipient’s parent, curator, or
tutor.

       (9) There shall be at least an annual review and update, if necessary, of the mental retardation and
developmental disabilities services plan and legal status.

         (10) A request to transfer a recipient within or to discharge from the Mental Retardation and
Developmental Disabilities Services System may be initiated by the provider in accordance with existing
federal and state regulations, the recipient, or others to the case manager through the regional services
center.

        (11) Upon discharge, the case manager will follow the recipient for a period of time as specified
in the mental retardation and developmental disabilities services plan.

§402. Admission

        A. There are two types of admission to the range of mental retardation and developmental
disabilities services or the variety of residential living options or both, which are:

        (1) Voluntary.

        (2) Involuntary (commitment).

         B. In both types, eligibility for participation in the Mental Retardation and Developmental
Disabilities Services System must be established and a generic service plan completed before admission
to a mental retardation and developmental disability service or a specific residential living option or both
can be finalized. Procedures for entry into the system once admitted are the same for either voluntary or
involuntary admission.

§403. Voluntary admission

        Any individual may apply or be referred for admission into residential living option or mental
retardation and developmental disabilities services or both in accordance with R.S. 36:258(G)(3).
Admission occurs when a private or public provider of mental retardation and developmental disabilities
services and/or residential living options in the Mental Retardation and Developmental Disabilities Services
System formally accepts the individual as a recipient of their service.

§404. Involuntary admission (commitment)

        A. If a mentally retarded or developmentally disabled individual has been found by a court of


                                                     60
competent jurisdiction to be dangerous to self or others, or not capable of caring for himself or his personal
safety, or either, or not guilty by reason of insanity or presently lacking the mental capacity to proceed to
trial, then the individual may be remanded to the custody of the department. Courts committing individuals
to the custody of the department shall not make such commitments to specific private or public facilities but
shall only commit such individuals to the department. The department shall refer appropriate cases to the
office for initial recommendation for admission to a temporary residential living option. The Mental
Retardation and Developmental Disabilities Services System will locate appropriate residential living options
or mental retardation and developmental disabilities services or both for that individual in accordance with
R.S. 36:258(G)(3). The department shall present a generic service plan to the committing court for its
approval before formal admission into specific residential living options or mental retardation and
developmental disabilities services or both. The department shall present the generic service plan to the
court annually for its review and approval. The department, the office, other providers, and their employees
and administrators of residential living options or mental retardation and developmental disabilities services
or both shall not be held in contempt of a court because of their refusal to violate the provisions of this
Section and R.S. 28:442 regarding improper commitment.

          B. Any relative or spouse of a mentally retarded or developmentally disabled individual, which
individual is suspected of being dangerous to self or others or is suspected of being incapable of caring for
themselves or their personal safety or either, may petition the court for a determination that the mentally
retarded or developmentally disabled individual is in need of mental retardation and developmental
disabilities services or residential living option or both. In the absence of relatives or spouse, or in their
failure to act, such a petition may be filed by any person of legal age, including a representative of the
department. Such a petition shall be filed in the district court of the domicile of the mentally retarded or
developmentally disabled individual or of any parish where such mentally retarded or developmentally
disabled individual may be found. Such petition shall attach the written report and recommendations
prepared by a multidisciplinary diagnosis and evaluation team pursuant to a comprehensive diagnostic and
evaluation study, if available, and may attach any medical, educational, or psychological records supporting
the petitioner's claim.

       C. The court shall fix a date for a hearing to be held not later than twenty days, excluding
Saturdays, Sundays, and legal holidays, from receipt of the petition. If the mentally retarded or
developmentally disabled individual has no attorney, the court shall appoint an attorney to represent him.
The mentally retarded or developmentally disabled individual's attorney shall be granted access to all
records of the mentally retarded or developmentally disabled individual.

         D. The court shall cause the mentally retarded or developmentally disabled individual and his
attorney to be served with notice of the appointment and of the time, date, and place of the hearing no later
than five days prior to the hearing. Said notice shall inform such respondent that he has a right to be present
at the hearing; that he has a right to choose his own privately retained and paid counsel; that he has a right
to subpoena witnesses to testify on his behalf; and that he has a right to cross-examine any witnesses
testifying against him. The mentally retarded or developmentally disabled individual shall have the right to
attend the hearing; however, this may be waived by his attorney for cause with the approval of the court.

        E. Before committing any individual, the court shall order a diagnosis and evaluation by the
department and shall use this multidisciplinary evaluation as an expert recommendation. If the court
determines that commitment is necessary, it shall remand the mentally retarded or developmentally disabled
individual to the custody of the department for appropriate residential living options and/or mental
retardation and developmental disabilities services.

        F. (1) This Section shall not apply to dispositional placements by courts exercising juvenile
jurisdiction.

         (2) Any mentally retarded or developmentally disabled individual found not guilty by reason of
insanity or found to be presently lacking the mental capacity to proceed to trial may be committed for
mental retardation and developmental disabilities services and/or residential living options or in the manner


                                                      61
provided for herein contradictorily with the district attorney and counsel for the defendant.

         (3) Insanity proceedings in any criminal case to determine whether a mentally retarded or
developmentally disabled defendant is presently mentally capable to proceed to trial or was insane at the
time of the commission of the crime are not affected by this Section and shall be in accordance with the
Louisiana Code of Criminal Procedure.

        (4) Individuals who are mentally retarded or developmentally disabled who are dangerous to self
or others or are charged with a crime and who are committed to the custody of the department shall be
admitted only to a residential living option that has available a secure area in order to ensure the safety and
well being of other residents and employees of the residential living option.

§405. Failure to obey order

          The failure by any facility administrator or director to obey an order or judgment committing a
mentally retarded or developmentally disabled individual to a public or private residential living option or
mental retardation and developmental disability service or both shall not be construed as a contempt of any
court, if the failure to obey is due to the inability to comply with the order or judgment because of residential
living options or mental retardation and developmental disabilities services or both under their authority are
not appropriate as defined in this Chapter.

§406. Transfers

         The office and department shall have the authority to transfer any recipient within or from the
Mental Retardation and Developmental Disabilities Services System. The office shall develop procedures
for handling requests for transfers and oppositions to transfers. Notice shall be given to the recipient or in
case of involuntary admission to the ordering court of the proposed transfer. Such transfer shall be in
accordance with R.S. 36:258(G)(3), applicable federal regulations, and interagency agreements. A
temporary change in residential living option for specialized services not otherwise available shall not be
considered a transfer for the purposes of this Section. Any other law to the contrary notwithstanding, the
department shall have final authority to transfer individuals placed in its custody.

§407. Discharge

         The department, office, or any other public or private provider may discharge a recipient in
accordance with the provisions of this Chapter, R.S. 36:258(G)(3), federal regulations, and interagency
agreements. Recipients who are able to be discharged from mental retardation and developmental
disabilities services and who were admitted on a voluntary basis shall be discharged in accordance with the
procedures established by the office consistent with the requirements of this Section. The office shall
include procedures for handling requests for discharge of recipients who are voluntarily admitted as well
as for handling oppositions to discharge.

§408. Discharge of individuals voluntarily admitted

          A voluntarily admitted recipient whose discharge is requested in writing shall be released except
that if the department or others, within seventy-two hours excluding Saturdays, Sundays, and holidays, from
the receipt of the request, file with the district court of the parish where the recipient is located a certification
that in their opinion the discharge of the recipient would not be in the best interest of the recipient.
Discharge may be postponed on application for as long as the court thereof determines to be necessary
for the commencement of involuntary commitment.

§409. Discharge after absence

       The office shall have the authority to discharge a recipient voluntarily admitted who for a
reasonable period of time has not resided in or received mental retardation and developmental disabilities


                                                        62
services from said residential facility or other public or private providers of mental retardation and
developmental disabilities services. After reasonable attempts to contact the recipient, the recipient shall
be discharged with no obligations on the part of the Mental Retardation and Developmental Disabilities
Services System for follow-up.

§410. Discharge of committed persons

        A. A mentally retarded or developmentally disabled individual committed in accordance with the
provisions of the Code of Criminal Procedure shall be discharged only in the manner provided by the Code
of Criminal Procedure.

      B. A mentally retarded or developmentally disabled individual committed in accordance with this
Chapter shall be discharged only upon order of the committing court.

§411. Immunity

         Any admissions, detentions, confinements, commitments, discharges, or transfers of individuals or
recipients, or the denial of any thereof, in accordance with the provisions of this Chapter, by the
department, the office, or its administrative units, its employees, or employees of public or private agencies,
with which the department has written agreements, who acted in good faith, reasonably and without
negligence, shall be deemed to be administrative acts and such persons are hereby granted immunity from
liability for damages arising out of such actions.

§412. Extradition

          The extradition of eloped recipients shall be in accordance with the provision of R.S. 28:501 et seq.

§413. Interstate Compact on Mental Health

          The interstate transfer of recipients shall be in accordance with the Interstate Compact on Mental
Health.


                            PART IV. ASSURANCE AND LICENSURE

§420. Assurances of consistency with regional and state plans

         Applicants that plan to utilize state or federal funds for a new mental retardation and developmental
disability service or residential living option or both shall submit an application for review and approval to
the office prior to the application to the department for licensure for the new service option. The office shall
review the application and approve it according to its consistency with the state and regional plans.
Additionally, the office shall approve the program model for the population to be served. The provider shall
submit the finding of the office as an attachment to its initial request for licensure to the department. The
provisions of this Part shall not be construed to conflict with the state planning requirements of Section 1122
of the Social Security Act.

§421. License for public or private providers of residential living options and/or mental
retardation and developmental disability services

         Any public or private provider now engaged in the provision of residential living options or mental
retardation and developmental disabilities services or both or hereafter desiring to be engaged in the same
shall apply to the department for a license authorizing them to engage in such residential living options or
mental retardation and developmental disabilities services or both. The license shall indicate the types of
residential living options or mental retardation and developmental disabilities services or both that the public
or private provider is authorized to provide. Providers who are already licensed are not required by this


                                                      63
Section to reapply until the current license expires, except when applying for new residential living options
or mental retardation and developmental disabilities services or both.

§422. Promulgation of rules

        A. The department shall:

        (1) Promulgate reasonable rules and regulations for the procedure for approving applications; and

        (2) Establish standards to be met by the applicant before a license can be issued and maintained.




                                                     64
        B. The rules and regulations shall be promulgated by the department by the office of licensing and
regulations and processed for adoption in accordance with the Administrative Procedure Act and shall have
the effect of law after adoption.

§423. Input of the office for citizens with developmental disabilities

         The office of licensing and regulation of the department shall prepare proposed rules, regulations,
and standards in consultation with the office for citizens with developmental disabilities. The function of the
office for citizens with developmental disabilities in the proposed rulemaking process for licensure shall be
only to assure that all federal and state laws and regulations, including the provisions of this Chapter
regarding program requirements, are included in the licensing requirements.

§424. Issuance of license

         A. (1) Each application for licensure to provide residential living options or mental retardation and
developmental disabilities services or both by a public or private provider shall be made to the department
on prescribed forms furnished by the division of licensing and certification and shall contain such information
as that division may require, including information required for health planning pursuant to R.S. 36:256(B).
Additional information required by the licensing agency or for health planning shall be provided by the
applicant on supplemental forms as needed.

         (2) Each application for a license or renewal of a license shall be accompanied by a fee. The
license and renewal fee for an adult community home shall be one hundred dollars per home. The license
and renewal fee for an adult group home shall be two hundred dollars per home. The license and renewal
fee for an adult residential facility shall be three hundred dollars per facility. Licensing fees for community
homes, group homes, and residential facilities for children shall be assessed in accordance with the
provisions of the Child Care Facility and Child-Placing Agency Licensing Act, R.S. 46:1401-1424.

        (3) After receipt of such application, it shall be the duty of the department to determine that each
applicant is in conformity with rules, regulations, and standards and to determine if each applicant is
qualified to provide those residential living options or mental retardation and developmental disabilities
services or both for which application is being made.

         B. Prior to the issuance of a license, the department shall request the state fire marshal and shall
require the office of health services and environmental quality and the office for citizens with developmental
disabilities to inspect each facility for compliance with their respective codes and program standards. After
each agency completes its respective inspection, each shall submit its reports in writing to the office of
licensing and regulations with a recommendation as to whether or not the license should be issued. The
recommendation should specify whether or not the license should be provisional or unrestricted. No license
shall be issued or renewed until the department has, through visitation and inspection, determined that its
standards have been met. The license issued by the department shall expire on the last day of the twelfth
month after date of issuance unless otherwise renewed. The license must be renewed annually. Each
license shall be displayed in a conspicuous place inside the facility. The license shall not be transferable and
shall be valid only in the hands of the person or entity to whom it was issued and for no premises other than
that for which originally issued.

§425. Provisional license

         A provisional license that is valid for not more than six months may be issued to a public or private
provider of mental retardation and developmental disabilities services or residential living options or both
that is not in full compliance with rules, regulations, codes, or standards, in order to allow the provider an
opportunity to achieve full compliance. No provisional license shall be issued or renewed, or both, if the
failure to comply is detrimental to the health and safety of the service recipients. The deficiencies resulting
in issuance of a provisional license must be corrected prior to the expiration date of the provisional license.



                                                      65
§426. Revocation of license

         A. The state fire marshal and the department, or any of its appropriate offices, shall have the right
of visitation and inspection of the public or private providers of residential living options or mental
retardation and developmental disabilities services or both at any time for the purpose of determining the
adequacy of the residential living options or mental retardation and developmental disabilities services or
both being provided.

       B.(1) Upon failure of any public or private provider to meet the rules, regulations, codes, and
standards established by the department, the department may revoke the license.

        (2) The department may revoke the license of any public or private provider who fails to timely
report, or pay any fee, or becomes delinquent in the payment of any fee owed to the department including
specifically provider fees imposed pursuant to R.S. 46:2625.

      C.(1) The private or public provider has the right to appeal the revocation in accordance with the
Administrative Procedure Act.

       (2) The revocation shall be stayed during the pendency of any agency administrative appeal filed
by a health care provider who contests or disputes the delinquency of any fee or fine.

§427. Operation without license; penalty

         Any public or private provider engaging in provision of residential living options or mental
retardation and developmental disabilities services or both subject to licensure without first having received
a license from the department shall be guilty of a misdemeanor, and upon conviction shall be fined not less
than two hundred fifty dollars nor more than one thousand dollars. It shall be the responsibility of the
department to inform the appropriate district attorney of the alleged violation to assure enforcement.


          PART V. ADMINISTRATION OF STATE RESIDENTIAL FACILITIES

§430. Policy and procedures for operation of the residential facility

         The facility administrator shall have the authority to promulgate policies and procedures necessary
for the proper and orderly operation of the facility. Such policies and procedures shall be consistent with
the regulations of the office promulgated pursuant to this Chapter, the requirements of this Chapter, and
all applicable federal statutes and regulations.

§431. Authority of facility administrators

         A. The facility administrator shall have full authority over the grounds and premises of the
residential facility including, but not limited to, traffic regulations, routes of access and egress, visiting of
buildings and areas, as well as visiting hours. The facility administrator shall have authority to ban admission
to a person who has no official business or personal relationship with a resident, or a person creating a
disturbance or indicating the potential to create a disturbance.

          B. The facility administrator shall also have full authority to ban a resident from egress from the
facility, except when indicated as a part of the residential living options or mental retardation and
developmental disabilities services or both being provided. If the resident does not abide by the ban and
leaves the facility, the facility administrator is no longer responsible for the individual. The facility
administrator or his designee shall make every reasonable effort to return the individual to the grounds. The
facility administrator or his designee shall notify the office, law enforcement agencies in the area, parents
or persons responsible for giving legally adequate consent, or the committing court of the unauthorized
egress. In order to make every reasonable effort to return the resident to the grounds, the facility


                                                      66
administrator or his designee, the office and department, or any employee of the aforementioned who acted
in good faith, reasonably and without negligence, are hereby granted immunity from liability for damages
arising out of such actions taken on behalf of a resident.

§432. Arrests on grounds; bond

          The facility administrators of state residential facilities, the acting and assistant facility administrators,
and those employees of these facilities whom the facility administrators deputize, shall be peace officers and
may make arrests for the violation of laws, provided such violations and arrests take place on the grounds;
and may take offenders, including residents, before the proper officials for prosecution. The residential
facility shall give bond with security in an amount not less than one thousand dollars for the faithful discharge
of duties as peace officers on behalf of employees covered by the provisions of this Section.

§433. Facility administrators as peace officers

         The facility administrators of state residential facilities, the acting and assistant facility administrators,
and those employees of these facilities whom the facility administrators deputize, shall have all the
protections and benefits of peace officers in accordance with all laws of the state of Louisiana, including
but not limited to the benefits to survivors of the family if such above-named individuals are killed in the
implementation of Sections 431 and 432 of this Chapter.

§434. Resident's funds; deposit; disbursement

         A. The facility administrator of each residential facility for the mentally retarded or developmentally
disabled is authorized to receive and furnish receipt for funds belonging to a resident and shall keep such
funds on deposit for the use and benefit of the resident in individual interest bearing accounts. Such funds
shall be considered as being on deposit with an agency of the state of Louisiana and no bond shall be
required of the facility administrator. Disbursement thereof shall be made only in accordance with law and
appropriate regulations.

          B. When a resident dies who has funds on deposit to his credit, the facility administrator may at
his discretion use whatever portion of such funds is needed to give the resident a decent burial if no family
initiates such burial. The remainder of the resident's funds may be claimed by his heirs through appropriate
legal action. If such funds are not claimed by the heirs of a deceased resident within five years of the date
of his death, his funds shall become the property of the state and be used by the facility administrator for
the benefit of other residents in the facility.

§435. Leaves of absence from state residential facilities

        A. The facility administrator may grant to residents leaves of absence for such time and upon such
conditions as he prescribes. In granting leave, the facility administrator is subject to the restrictions of this
Chapter.

     B. A resident on leave may be returned at any time by the facility administrator or the person to
whom he has been released.

         C. The resident whose leave is indefinite can be returned at any time prior to formal discharge.

§436. Consent

        A. If all reasonable efforts to obtain medical consent for emergency surgery on a resident have
been exhausted or if there is no parent, tutor, or curator of record, the facility administrator on written
recommendation of the attending physician shall have authority to sign such consent consistent with the
provisions of R.S. 40:1299.58.



                                                          67
        B. If all reasonable efforts to obtain consent for residents to participate in extracurricular activities,
off- campus activities, or public appearances have been exhausted or if there is no parent, tutor, or curator
of record, the facility administrator shall have the authority to sign such consent.

§437. Contraband; penalty

       The penalty for any unauthorized taking of contraband to state-owned mental retardation and
developmental disabilities facilities shall be in accordance with R.S. 14:402.1.


                           PART VI. MISCELLANEOUS PROVISIONS

§440. Minors; majority

         At the time a voluntarily admitted resident reaches the age of majority and continues to be in need
of residential living options, the interdisciplinary team shall determine if the resident can give adequate
consent according to procedures specified in regulations for admission. If the interdisciplinary team cannot
determine that the resident can give legally adequate consent, the facility administrator or director shall file
or cause to be filed an application for involuntary admission (commitment).

§441. Grievance procedure

        A. All public or private providers of residential living options or mental retardation and
developmental disabilities services or both subject to licensing under this Chapter shall establish and
maintain grievance procedures for the purpose of hearing grievances on behalf of the recipient of such
services relating to the residential living options or mental retardation and developmental disabilities services
or both being provided to the recipient. Guidelines for conduct of grievance procedures of residential living
options and/or mental retardation and developmental disabilities services shall be included in regulations.

         B. Regulations promulgated pursuant to this Chapter shall include the procedures for filing a
grievance, for conducting the grievance procedure, and for appealing the decision to the department or the
office, if so designated by the department.

§442. Improper commitment; penalty

       Any person who, alone or in conspiracy with others, unlawfully, willfully, maliciously, and without
reasonable cause, commits or attempts to commit to any residential living option or mental retardation and
developmental disability service or both any person who does not meet the criteria of eligibility to enter the
Mental Retardation and Developmental Disabilities Services System shall be guilty of a misdemeanor and
upon conviction shall be fined not more than one thousand dollars, or imprisoned for not more than six
months, or both.

§443. Rules and regulations

        The office is authorized to establish regulations approved by the department, promulgated in
accordance with the requirements of this Chapter and the Administrative Procedure Act, and these
regulations shall have the force and effect of law.

§444. Advertisement and award of lease bid

        The office and administrative units thereof are exempt from the requirement of R.S. 39:195.1 or
R.S. 39:1643 regarding advertisement and award of lease bids, except that such exemption shall only be
to lease privately owned buildings or space for the purpose of establishing residential living options.




                                                       68

				
DOCUMENT INFO