Summary Information Not Available

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. #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