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Rs 28:227 Scope Of Authority Of Representative; Powers And Duties; Limitation On Liability

§227. Scope of authority of representative; powers and duties; limitation on liability

A. The representative shall not have the authority to make behavioral health

treatment decisions unless the principal is determined to be incapable as provided in R.S.

28:226.

B. The representative shall not be, as a result of acting in that capacity, personally

liable for the cost of treatment provided to the principal.

C. Except to the extent the right is limited by the advance directive or any state or

federal law, a representative shall have the same right as the principal to receive information

regarding both proposed and administered behavioral health treatment and to receive, review,

and consent to disclosure or use of medical records relating to that treatment. This

representative's right of access to the principal's behavioral health treatment information shall

not waive any evidentiary privilege.

D. In exercising authority under the advance directive, the representative shall act

consistently with the expressed desires of the principal. If the principal's desires are not

expressed in the advance directive and not otherwise known by the representative, the

representative shall act in what the representative in good faith believes to be the best

interests of the principal.

E. A representative shall not be subject to criminal prosecution, civil liability, or

professional disciplinary action for any action taken in good faith pursuant to an advance

directive for behavioral health treatment.

Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.

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Local Government
Louisiana
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
treatment
representative
health
behavioral
principal
directive
advance
right
authority
good