Who had to transport a patient under a Louisiana physician's emergency mental-health certificate?

Plain-English summary

Ouachita Parish's coroner asked about transporting a person covered by a physician's emergency certificate. In 2000, the attorney general's office said the sheriff's office must transport the person to the appropriate treatment facility, but emphasized that R.S. 28:53(F) assigned the transport duty to any peace officer and did not make it exclusive to the sheriff.

The opinion also said a physician's certificate was valid for seventy-two hours under R.S. 28:53 (B)(3), and transport had to be initiated within that period. The statute quoted in its footnote also described when ambulance services could locate and transport a patient.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Coroners and certifying physicians at the time

The opinion identified a physician's emergency certificate as authority for patient transport and stated that transport had to begin during its seventy-two-hour validity period.

Sheriffs and other peace officers at the time

The office named the sheriff's transport responsibility while explaining that the statutory peace officer duty was not limited to the sheriff. Its answer did not assign exclusive transport authority to one office.

Treatment facilities at the time

The statute quoted in the opinion authorized transport to a treatment facility under an emergency certificate. The office's answer focused on who transported the patient and when transport had to start.

Common questions

Q: Did only the sheriff have authority to transport the patient?
A: No. The opinion said R.S. 28:53(F) placed the duty on any peace officer, although it also stated the sheriff's office must transport the person.

Q: How long was the physician's emergency certificate valid?
A: The opinion said seventy-two hours under R.S. 28:53 (B)(3), as the law stood in 2000.

Q: Did transport have to finish within seventy-two hours?
A: The opinion specified that transport had to be initiated within the certificate's validity period; it did not set a completion deadline.

Background and statutory framework

The office answered by citing R.S. 28:53(F) on emergency transport and R.S. 28:53 (B)(3) on certificate validity. Its footnotes reproduced the relevant provisions, including the peace officer language and the seventy-two-hour certificate period.

Citations and references

• R.S. 28:53(F) (emergency certificate transport authority)
• R.S. 28:53 (B)(3) (certificate validity)
• Attorney General Opinions 98-181, 96-362, and 95-314 (earlier opinions cited by the office)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0386

Original opinion text

December 13, 2000
OPINION 00-386

Honorable Teri B. O’Neal, MD
Coroner, Ouachita Parish
2000 N. 7th Street, Suite H
West Monroe, LA 71291

Dear Coroner O’Neal:

In response to your inquiry to this office, note that the sheriff’s office must transport an individual who is the subject of a physician’s emergency certificate to the appropriate treatment facility. See R.S. 28:53(F) and Attorney General Opinions 98-181, 96-362 and 95-314. Note further that it is the duty of any “peace officer” to accomplish the transport; the statute does not impose this responsibility exclusively upon the sheriff. Finally, a physician’s certificate is valid for seventy-two hours pursuant to R.S. 28:53 (B)(3)1; transportation must be initiated within that time period. See R.S. 28:53(F)2.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ________ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams

1
R.S. 28:53(B)(3) provides:
(3) The certificate shall be dated and executed under the penalty of perjury, but need not be notarized. The certificate shall be valid for seventy-two hours and shall be delivered to the director of the treatment facility where the person is to be further evaluated and treated. 2 R.S. 28:53(F) provides: F. An emergency certificate shall constitute legal authority to transport a patient to a treatment facility and shall permit the director of such treatment facility to detain the patient for diagnosis and treatment for a period not to exceed fifteen days, and to return the patient to the facility if he is absent with or without permission during authorized periods of detention. If necessary, peace officers shall apprehend and transport, or ambulance services under appropriate circumstances, may locate and transport, a patient on whom an emergency certificate has been completed to a treatment facility at the request of either the director of the facility, the certifying physician or psychologist, the patient’s next of kin, he patient’s curator, or the agency legally responsible for his welfare. The director of the treatment facility shall notify the patient’s nearest relative, if know, or designated responsible party, if any, in writing of the patient’s admission by emergency certificate as soon as reasonably possible.

Page 2

#00-386

64-1-C MENTAL HEALTH
107 SHERIFFS

R.S. 28:53(F), R.S. 28:53 (B)(3)

The sheriff’s office must transport an individual who is the subject of a physician’s emergency certificate to the appropriate treatment facility. It is the duty of any “peace officer” to accomplish the transport; transportation must be initiated within seventy-two hours.

Honorable Teri B. O’Neal, MD
Coroner, Ouachita Parish
2000 N. 7th Street, Suite H
West Monroe, LA 71291

Date Received:
Date Released: December 13, 2000

Kerry L. Kilpatrick
Assistant Attorney General