§96. Discharge by the administrator or treating physician

A. Except as otherwise provided in this Section, the administrator or treating physician may discharge any patient committed to a psychiatric hospital if he believes that the patient has sufficiently recovered and that no harm will result from his discharge.

B. The administrator or treating physician shall as frequently as practicable, but not less often than every six months, examine or cause to be examined every patient and may discharge the patient and immediately make a report thereof to the court when necessary or appropriate.

C. A client committed in accordance with the provisions of Article 648 of the Code of Criminal Procedure shall be discharged only in the manner provided in that Article.

D. A patient committed in accordance with R.S. 28:59 shall be discharged only upon order of the committing court.

E. A patient who has shown dangerous tendencies shall be discharged upon conditional release with the written consent of the court after an examination and after sufficient guarantee of proper supervision of the patient by a person who is approved by the court.

F. A patient whose discharge is opposed by a legal guardian, relative, or other interested person shall be discharged only after the person opposing has been notified and given an opportunity to state his reasons why the patient should be detained for further care and treatment.

G. A patient who has a mental illness who no longer requires treatment may be discharged with the approval of the attending physician and treatment team.

H. A patient who has a mental illness and is convicted of a crime prior to his transfer to a psychiatric hospital shall not be discharged prior to the time he might have been discharged from his original place of detention.

Amended by Acts 1954, No. 701, §1; Acts 1974, No. 294, §1; Acts 2017, No. 369, §2.