State Codes and Statutes

Statutes > New-jersey > Title-26 > Section-26-2b > 26-2b-15

26:2B-15.  Intoxicated persons or alcoholics;  admission for treatment by facilities;  duration;  notice to family
    Any person who is intoxicated and who voluntarily applies for treatment or is brought to a facility by a police officer or other authorized person in accordance with section 10 may be afforded treatment at an intoxication treatment center or other facility.  Any person who is an alcoholic and who voluntarily applies for treatment may be afforded treatment at an intoxication center or other facility.

    As soon as possible after the admission of any person, the administrator of  the facility shall cause such person to be examined by a physician or by a medically competent individual designated by the department and under the supervision of a physician.  If, upon examination, a determination is made that  the person is intoxicated or is an alcoholic, and adequate and appropriate  treatment is available, he shall be admitted.  If any person is not admitted  for the reason that adequate and appropriate treatment is not available at the  facility, the administrator of the facility, acting whenever possible with the  assistance of the director, shall refer the person to a facility at which  adequate and appropriate treatment is available.  In the event that a person is  not admitted to a facility, and has no funds, the administrator shall arrange  for the person to be assisted to his residence, or, if he has no residence, to  a place where shelter will be provided him.

    Any person admitted to a facility may receive treatment at the facility for  as long as he wishes to remain at the facility or until the administrator determines that treatment will no longer benefit him; provided, however, that any person who at the time of admission is intoxicated and is incapacitated, shall remain at the facility until he is no longer incapacitated, but in no event shall he be required to remain for a period greater than 48 hours.

    When a person is admitted to a facility, his family shall be notified as soon thereafter as possible.  If a patient who is not incapacitated requests that notification not be given, his request shall be respected except if a person is a juvenile in which case his family or legal guardian shall be notified.

    The manner in which any person is transported either from one facility to another or from a facility to his residence and the financing thereof shall be determined by the director in accordance with rules and regulations promulgated  by the department.

    Upon discharge from or upon leaving a facility, the patient shall be encouraged to consent to appropriate outpatient or residential aftercare treatment.

     L.1975, c. 305, s. 9.