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La. Rev. Stat. § 28:94 (2026)

Transfer of patients between psychiatric hospitals

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§94. Transfer of patients between psychiatric hospitals

           A.(1) Except as otherwise provided in this Subsection, the department may transfer any patient from one psychiatric hospital to another if applicable eligibility criteria are met. Moreover, the administrator of a psychiatric hospital may request the department to transfer a patient when he believes that a transfer is necessary.

           (2) A patient may be transferred to or from a private psychiatric hospital only upon the joint application of the director or administrator of that hospital and of the legal guardian or the person liable for the support of the patient. However, no private psychiatric hospital shall be obligated to retain a patient because of the refusal to sign the application by the legal guardian or the person liable for support.

           (3) A person under sentence or acquitted of a crime on the ground of mental illness or disability shall be transferred only upon authority of the committing court.

           (4) A voluntary patient shall be transferred only with his written consent.

           B. The following documents, as applicable, shall accompany a patient upon his transfer:

           (1) The transfer order of the department.

           (2) Certified copies of the application for admission, the physician's certificate, the report of the commission, and the order of the committing court.

           (3) All of the patient's clinical records or a full abstract thereof, including the results of medical, physical, and laboratory examinations.

           Amended by Acts 1974, No. 294, §1; Acts 1978, No. 786, §3, eff. July 17, 1978; Acts 2017, No. 369, §2, eff. August 1, 2017.

Notes of Decisions
Cited in 3 cases, 1955–1983 · leading case: State v. Francois, 445 So. 2d 416 (La. 1983).
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State v. Francois, 445 So. 2d 416 (La. 1983). · cites it 2× “R.S. 28:94(A)(2) provides that “[a] person under sentence or acquitted of a crime or misdemeanor on the ground of mental illness or defect shall be transferred only upon authority of the committing court.”
State ex rel. Ingram v. Robard, 82 So. 2d 788 (La. Ct. App. 1955). “28:59; (b) approve transfer of person “under sentence” from one" mental institution to another, LSA-R.S. 28:94 A(2) ; (c) 6 approve discharge of cured patient by superintendent which discharge otherwise lies within his authority, LSA-R.”
Landry v. Guissinger, 432 So. 2d 383 (La. Ct. App. 1983). · cites it 2× “R.S. 28:94 and 28:53 F. If R.S. 28:94 is applicable, 4 it nevertheless must yield to the requirement of R.”
La. Rev. Stat. § 28:94(A)(2): 1 case
State v. Francois, 445 So. 2d 416 (La. 1983). “R.S. 28:94(A)(2) provides that “[a] person under sentence or acquitted of a crime or misdemeanor on the ground of mental illness or defect shall be transferred only upon authority of the committing court.”
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