§ 23-1.10-10. Treatment and services for intoxicated persons and persons incapacitated by alcohol.
(a) An intoxicated person may come voluntarily to an approved public treatment facility
for emergency treatment. A person who appears to be intoxicated in a public place
and to be in need of help, if he or she consents to the proffered help, may be assisted
to his or her home, an approved public treatment facility, an approved private treatment
facility, or other health facility by the police.
(b) A person who appears to be incapacitated by alcohol shall be taken into protective
custody by the police and immediately brought to an approved public treatment facility
for emergency treatment. If no approved public treatment facility is readily available,
he or she shall be taken to an emergency medical service customarily used for incapacitated
persons. The police, in detaining the person and in taking him or her to an approved
public treatment facility, are taking him or her into protective custody and shall
make every reasonable effort to protect his or her health and safety. In taking the
person into protective custody, the detaining officer may take reasonable steps to
protect himself or herself. If it is impracticable to take a person to an approved
facility, the police may take him or her into protective custody in the police station
in suitable quarters, for a reasonable time. A taking into protective custody under
this section is not an arrest. No entry or other record shall be made to indicate
that the person has been arrested or charged with a crime.
(c) A person who comes voluntarily or is brought to an approved public treatment facility
shall be examined by a licensed physician as soon as possible. He or she may then
be admitted as a patient or referred to another health facility, or be released to
his or her own custody. The referring approved public treatment facility shall arrange
for his or her transportation as provided for in § 23-1.10-9(d).
(d) A person who by medical examination is found to be incapacitated by alcohol at the
time of his or her admission or to have become incapacitated at any time after his
or her admission, may not be detained at the 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 after admission 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 in charge
believes appropriate.
(e) A person who is not admitted to an approved public treatment facility, who is not
referred to another health facility, and who has no funds may be taken to his or her
home, if any. If he or she has no home, the approved public treatment facility shall
refer or advise him or her to make contact with the appropriate state or federal agency
for assistance in obtaining shelter.
(f) If a patient is admitted to an approved public treatment facility, his or her family
or next-of-kin shall be notified as promptly as possible if requested by the patient.
If an adult patient who is not incapacitated requests that there be no notification,
his or her request shall be respected.
(g) The police, who act in compliance with this section, are acting in the course of their
official duty and are not criminally or civilly liable for acting in the course of
their official duty.
(h) If the physician in charge of the approved public treatment facility determines it
is for the patient's benefit, the patient shall be encouraged to agree to further
diagnosis and appropriate voluntary treatment.