Judges: RICHARD P. IEYOUB
Filed Date: 8/8/1997
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Babin:
This office is in receipt of your request for an opinion of the Attorney General in regard to costs for medical services for parish inmates. You ask whether or not the Ascension Parish Governing Authority must provide mental health counseling and treatment services to inmates in parish prison.
Based upon the statutory provisions and jurisprudence, we find that the parish governing authority is responsible for all the expenses of providing necessary medical treatment for parish prisoners. In Amiss v. Dumas,
While R.S.
With regard to your statement that the Parish wants to define their obligations since the medical care is expensive, we note that this office recognized that under R.S.
Also the earlier opinion of this office, Atty. Gen. Op. No. 84-112, should be given consideration wherein it was recognized, while the parish is obligated for the medical expenses of its inmates, R.S.
The significant question, however, is what constitutes "necessary" medical attention, and this is a question of fact that will have to be judged on a case to case basis. However, inasmuch as R.S.
Also, it may be noted that an inmate may receive non-consensual medical treatment pursuant to the mental health laws in Title 28 for admission for mental treatment under an emergency certificate. In this regard this office has stated before an emergency certificate may be executed, the examining physician must first determine "that the prisoner is a danger to himself, others or is gravely disabled, and therefore in need of immediate treatment." It was further concluded the detainee under the emergency certificate may not be treated in jail but only at a treatment facility for examination and diagnosis, although subsequently the inmate may be returned to the jail with prescribed medication and possibly treatment on an out-patient basis, Atty. Gen. Op. no. 90-134. What we find pertinent herein is that the required medical treatment is to follow a determination that the inmate was a danger to himself, others or gravely disabled which included incapacitation due to alcohol or drugs.
We find a distinction must be made between what is necessary and what may be simply beneficial to some degree. Certainly many individuals could benefit to some extent with counseling but it would not be classified as necessary, and, not being necessary, the parish governing authority would not be obligated to extend such treatment to its inmates. We feel necessary mental treatment may be categorized to be when the inmate is a danger to himself, others or gravely disabled.
For your further information we would note that this office found ad valorem tax revenues approved by the electorate for the purpose of supporting the parish health center and "related public health activities" includes within its scope providing for medical and dental services to parish prison inmates. It was found medical services to parish prison inmates constituted public health activities, Atty. Gen. Op. No. 95-124.
In conclusion we would succinctly state the parish governing authority must provide mental health counseling and treatment for its inmates when diagnosed as being necessary, but not when it is simply being of a beneficial nature.
We hope this sufficiently answers your inquiry, but if we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
RICHARD P. IEYOUB Attorney General
By: ___________________________ BARBARA B. RUTLEDGE Assistant Attorney General