§ 23-1.10-10 Treatment and services forintoxicated persons and persons incapacitated by alcohol. – (a) An intoxicated person may come voluntarily to an approved public treatmentfacility for emergency treatment. A person who appears to be intoxicated in apublic place and to be in need of help, if he or she consents to the profferedhelp, may be assisted to his or her home, an approved public treatmentfacility, an approved private treatment facility, or other health facility bythe police.
(b) A person who appears to be incapacitated by alcohol shallbe taken into protective custody by the police and immediately brought to anapproved public treatment facility for emergency treatment. If no approvedpublic treatment facility is readily available, he or she shall be taken to anemergency medical service customarily used for incapacitated persons. Thepolice, in detaining the person and in taking him or her to an approved publictreatment facility, are taking him or her into protective custody and shallmake every reasonable effort to protect his or her health and safety. In takingthe person into protective custody, the detaining officer may take reasonablesteps to protect himself or herself. If it is impracticable to take a person toan approved facility, the police may take him or her into protective custody inthe police station in suitable quarters, for a reasonable time. A taking intoprotective custody under this section is not an arrest. No entry or otherrecord shall be made to indicate that the person has been arrested or chargedwith a crime.
(c) A person who comes voluntarily or is brought to anapproved public treatment facility shall be examined by a licensed physician assoon as possible. He or she may then be admitted as a patient or referred toanother health facility, or be released to his or her own custody. Thereferring approved public treatment facility shall arrange for his or hertransportation as provided for in § 23-1.10-9(d).
(d) A person who by medical examination is found to beincapacitated by alcohol at the time of his or her admission or to have becomeincapacitated at any time after his or her admission, may not be detained atthe facility: (1) once he or she is no longer incapacitated by alcohol, or (2)if he or she remains incapacitated by alcohol for more than five (5) days afteradmission as a patient, unless he or she is committed under § 23-1.10-11.A person may consent to remain in the facility for as long as the physician incharge believes appropriate.
(e) A person who is not admitted to an approved publictreatment facility, who is not referred to another health facility, and who hasno funds may be taken to his or her home, if any. If he or she has no home, theapproved public treatment facility shall refer or advise him or her to makecontact with the appropriate state or federal agency for assistance inobtaining shelter.
(f) If a patient is admitted to an approved public treatmentfacility, his or her family or next-of-kin shall be notified as promptly aspossible if requested by the patient. If an adult patient who is notincapacitated requests that there be no notification, his or her request shallbe respected.
(g) The police, who act in compliance with this section, areacting in the course of their official duty and are not criminally or civillyliable for acting in the course of their official duty.
(h) If the physician in charge of the approved publictreatment facility determines it is for the patient's benefit, the patientshall be encouraged to agree to further diagnosis and appropriate voluntarytreatment.
§ 23-1.10-10 Treatment and services forintoxicated persons and persons incapacitated by alcohol. – (a) An intoxicated person may come voluntarily to an approved public treatmentfacility for emergency treatment. A person who appears to be intoxicated in apublic place and to be in need of help, if he or she consents to the profferedhelp, may be assisted to his or her home, an approved public treatmentfacility, an approved private treatment facility, or other health facility bythe police.
(b) A person who appears to be incapacitated by alcohol shallbe taken into protective custody by the police and immediately brought to anapproved public treatment facility for emergency treatment. If no approvedpublic treatment facility is readily available, he or she shall be taken to anemergency medical service customarily used for incapacitated persons. Thepolice, in detaining the person and in taking him or her to an approved publictreatment facility, are taking him or her into protective custody and shallmake every reasonable effort to protect his or her health and safety. In takingthe person into protective custody, the detaining officer may take reasonablesteps to protect himself or herself. If it is impracticable to take a person toan approved facility, the police may take him or her into protective custody inthe police station in suitable quarters, for a reasonable time. A taking intoprotective custody under this section is not an arrest. No entry or otherrecord shall be made to indicate that the person has been arrested or chargedwith a crime.
(c) A person who comes voluntarily or is brought to anapproved public treatment facility shall be examined by a licensed physician assoon as possible. He or she may then be admitted as a patient or referred toanother health facility, or be released to his or her own custody. Thereferring approved public treatment facility shall arrange for his or hertransportation as provided for in § 23-1.10-9(d).
(d) A person who by medical examination is found to beincapacitated by alcohol at the time of his or her admission or to have becomeincapacitated at any time after his or her admission, may not be detained atthe facility: (1) once he or she is no longer incapacitated by alcohol, or (2)if he or she remains incapacitated by alcohol for more than five (5) days afteradmission as a patient, unless he or she is committed under § 23-1.10-11.A person may consent to remain in the facility for as long as the physician incharge believes appropriate.
(e) A person who is not admitted to an approved publictreatment facility, who is not referred to another health facility, and who hasno funds may be taken to his or her home, if any. If he or she has no home, theapproved public treatment facility shall refer or advise him or her to makecontact with the appropriate state or federal agency for assistance inobtaining shelter.
(f) If a patient is admitted to an approved public treatmentfacility, his or her family or next-of-kin shall be notified as promptly aspossible if requested by the patient. If an adult patient who is notincapacitated requests that there be no notification, his or her request shallbe respected.
(g) The police, who act in compliance with this section, areacting in the course of their official duty and are not criminally or civillyliable for acting in the course of their official duty.
(h) If the physician in charge of the approved publictreatment facility determines it is for the patient's benefit, the patientshall be encouraged to agree to further diagnosis and appropriate voluntarytreatment.
§ 23-1.10-10 Treatment and services forintoxicated persons and persons incapacitated by alcohol. – (a) An intoxicated person may come voluntarily to an approved public treatmentfacility for emergency treatment. A person who appears to be intoxicated in apublic place and to be in need of help, if he or she consents to the profferedhelp, may be assisted to his or her home, an approved public treatmentfacility, an approved private treatment facility, or other health facility bythe police.
(b) A person who appears to be incapacitated by alcohol shallbe taken into protective custody by the police and immediately brought to anapproved public treatment facility for emergency treatment. If no approvedpublic treatment facility is readily available, he or she shall be taken to anemergency medical service customarily used for incapacitated persons. Thepolice, in detaining the person and in taking him or her to an approved publictreatment facility, are taking him or her into protective custody and shallmake every reasonable effort to protect his or her health and safety. In takingthe person into protective custody, the detaining officer may take reasonablesteps to protect himself or herself. If it is impracticable to take a person toan approved facility, the police may take him or her into protective custody inthe police station in suitable quarters, for a reasonable time. A taking intoprotective custody under this section is not an arrest. No entry or otherrecord shall be made to indicate that the person has been arrested or chargedwith a crime.
(c) A person who comes voluntarily or is brought to anapproved public treatment facility shall be examined by a licensed physician assoon as possible. He or she may then be admitted as a patient or referred toanother health facility, or be released to his or her own custody. Thereferring approved public treatment facility shall arrange for his or hertransportation as provided for in § 23-1.10-9(d).
(d) A person who by medical examination is found to beincapacitated by alcohol at the time of his or her admission or to have becomeincapacitated at any time after his or her admission, may not be detained atthe facility: (1) once he or she is no longer incapacitated by alcohol, or (2)if he or she remains incapacitated by alcohol for more than five (5) days afteradmission as a patient, unless he or she is committed under § 23-1.10-11.A person may consent to remain in the facility for as long as the physician incharge believes appropriate.
(e) A person who is not admitted to an approved publictreatment facility, who is not referred to another health facility, and who hasno funds may be taken to his or her home, if any. If he or she has no home, theapproved public treatment facility shall refer or advise him or her to makecontact with the appropriate state or federal agency for assistance inobtaining shelter.
(f) If a patient is admitted to an approved public treatmentfacility, his or her family or next-of-kin shall be notified as promptly aspossible if requested by the patient. If an adult patient who is notincapacitated requests that there be no notification, his or her request shallbe respected.
(g) The police, who act in compliance with this section, areacting in the course of their official duty and are not criminally or civillyliable for acting in the course of their official duty.
(h) If the physician in charge of the approved publictreatment facility determines it is for the patient's benefit, the patientshall be encouraged to agree to further diagnosis and appropriate voluntarytreatment.
