N.Y. MHY Law § 22.09 — New York Code / Act MHY / Title D / Article 22 / Section 22.09
Emergency services for persons intoxicated, impaired, or incapacitated by alcohol and/or substances
Status: in_force

§ 22.09 Emergency services for persons intoxicated, impaired, or\n            incapacitated by alcohol and/or substances.\n  (a) As used in this article:\n  1. "Intoxicated or impaired person" means a person whose mental or\nphysical functioning is substantially impaired as a result of the\npresence of alcohol and/or substances in his or her body.\n  2. "Incapacitated" means that a person, as a result of the use of\nalcohol and/or substances, is unconscious or has his or her judgment\notherwise so impaired that he or she is incapable of realizing and\nmaking a rational decision with respect to his or her need for\ntreatment.\n  3. "Likelihood to result in harm" or "likely to result in harm" means\n(i) a substantial risk of physical harm to the person as manifested by\nthreats of or attempts at suicide or serious bodily harm or other\nconduct demonstrating that the person is dangerous to himself or\nherself, or (ii) a substantial risk of physical harm to other persons as\nmanifested by homicidal or other violent behavior by which others are\nplaced in reasonable fear of serious physical harm.\n  4. "Emergency services" means immediate physical examination,\nassessment, care and treatment of an incapacitated person for the\npurpose of confirming that the person is, and continues to be,\nincapacitated by alcohol and/or substances to the degree that there is a\nlikelihood to result in harm to the person or others.\n  5. "Treatment facility" means a facility designated by the\ncommissioner which may only include a general hospital as defined in\narticle twenty-eight of the public health law, or a medically managed or\nmedically supervised withdrawal, inpatient rehabilitation, or\nresidential stabilization treatment program that has been certified by\nthe commissioner to have appropriate medical staff available on-site at\nall times to provide emergency services and continued evaluation of\ncapacity of individuals retained under this section or a crisis\nstabilization center licensed pursuant to article 36.01 of this chapter.\n  (b) 1. An intoxicated or impaired person may come voluntarily for\nemergency services to a chemical dependence program or treatment\nfacility authorized by the commissioner to provide such emergency\nservices. A person who appears to be intoxicated or impaired and who\nconsents to the proffered help may be assisted by any peace officer\nacting pursuant to his or her special duties, police officer, or by a\ndesignee of the director of community services to return to his or her\nhome, to a chemical dependence program or treatment facility, or to any\nother facility authorized by the commissioner to provide such emergency\nservices. In such cases, the peace officer, police officer, or designee\nof the director of community services shall accompany the intoxicated or\nimpaired person in a manner which is reasonably designed to assure his\nor her safety, as set forth in regulations promulgated in accordance\nwith subdivision (d) of this section.\n  2. A person who appears to be incapacitated by alcohol and/or\nsubstances to the degree that there is a likelihood to result in harm to\nthe person or to others may be taken by a peace officer acting pursuant\nto his or her special duties, or a police officer who is a member of the\nstate police or of an authorized police department or force or of a\nsheriff's department or by the director of community services or a\nperson duly designated by him or her to a treatment facility for\npurposes of receiving emergency services. Every reasonable effort shall\nbe made to protect the health and safety of such person, including but\nnot limited to the requirement that the peace officer, police officer,\nor director of community services or his or her designee shall accompany\nthe apparently incapacitated person in a manner which is reasonably\ndesigned to assure his or her safety, as set forth in regulations\npromulgated in accordance with subdivision (d) of this section.\n  3. A person who comes voluntarily or is brought without his or her\nobjection to any such facility or program in accordance with this\nsubdivision shall be given emergency care and treatment at such place if\nfound suitable therefor by authorized personnel, or referred to another\nsuitable facility or treatment program for care and treatment, or sent\nto his or her home.\n  4. The director of a treatment facility may receive as a patient in\nneed of emergency services any person who appears to be incapacitated as\ndefined in this section.\n  5. A person who comes voluntarily or is brought with his or her\nobjection to a treatment facility shall be examined as soon as possible\nbut not more than twelve hours after arriving at such treatment facility\nby an examining physician. If such examining physician determines that\nsuch person is incapacitated by alcohol and/or substances to the degree\nthat there is a likelihood to result in harm to the person or others, he\nor she may be retained to receive emergency services and shall be\nregularly reevaluated to confirm continued incapacity by alcohol and/or\nsubstances to the degree that there is a likelihood to result in harm to\nthe person or others. If the examining physician determines at any time\nthat such person is not incapacitated by alcohol and/or substances to\nthe degree that there is a likelihood to result in harm to the person or\nothers, he or she must be released. Notwithstanding any other law, in no\nevent may such person be retained against his or her objection beyond\nwhichever is the shorter of the following: (i) the time that he or she\nis no longer incapacitated by alcohol and/or substances to the degree\nthat there is a likelihood to result in harm to the person or others or\n(ii) a period longer than seventy-two hours.\n  6. Every reasonable effort must be made to obtain the person's consent\nto give prompt notification of a person's retention in a facility or\nprogram pursuant to this section to his or her closest relative or\nfriend, and, if requested by such person, to his or her attorney and\npersonal physician, in accordance with federal confidentiality\nregulations.\n  7. A person may not be retained pursuant to this section beyond a\nperiod of seventy-two hours without his or her consent. Persons suitable\ntherefor may be voluntarily admitted to a chemical dependence program or\nfacility pursuant to this article.\n  (c) Discharge procedures. 1. The discharge procedure process shall\nbegin as soon as the patient is admitted to the treatment facility and\nshall be considered a part of the treatment planning process. The\ndischarge plan shall be developed in collaboration with the patient and\nany significant other(s) the patient chooses to involve. If the patient\nis a minor, the discharge plan must also be developed in consultation\nwith his or her parent or guardian, unless the minor is being treated\nwithout parental consent as authorized by section 22.11 of this chapter.\n  2. No patient shall be discharged without a discharge plan which has\nbeen completed and reviewed by the multi-disciplinary team prior to the\ndischarge of the patient. This review may be part of a regular treatment\nplan review. The portion of the discharge plan which includes the\nreferrals for continuing care shall be given to the patient upon\ndischarge. This requirement shall not apply to patients who refuse\ncontinuing care planning, provided, however, that the treatment facility\nshall make reasonable efforts to provide information about the dangers\nof long term substance use as well as information related to treatment\nincluding, but not limited to, the OASAS HOPELINE and the OASAS Bed\nAvailability Dashboard.\n  3. The discharge plan shall be developed by the responsible clinical\nstaff member, who, in the development of such plan, shall consider the\npatient's self-reported confidence in maintaining abstinence and\nfollowing an individualized relapse prevention plan. The responsible\nclinical staff member shall also consider an assessment of the patient's\nhome and family environment, vocational/educational/employment status,\nand the patient's relationships with significant others. The purpose of\nthe discharge plan shall be to establish the level of clinical and\nsocial resources available to the patient upon discharge from the\ninpatient service and the need for the services for significant others.\nThe discharge plan shall include, but not be limited to, the following:\n  (i) identification of continuing chemical dependence services\nincluding management of withdrawal or continuing stabilization and any\nother treatment, rehabilitation, self-help and vocational, educational\nand employment services the patient will need after discharge;\n  (ii) identification of the type of residence, if any, that the patient\nwill need after discharge;\n  (iii) identification of specific providers of these needed services;\nand\n  (iv) specific referrals and initial appointments for these needed\nservices.\n  4. A discharge summary which includes the course and results of care\nand treatment must be prepared and included in each patient's case\nrecord within twenty days of discharge.\n  (d) The commissioner shall promulgate all rules and regulations, after\nconsulting with representatives of appropriate law enforcement and\nchemical dependence providers of services, establishing procedures for\ntaking intoxicated or impaired persons and persons apparently\nincapacitated by alcohol and/or substances to their residences or to\nappropriate public or private facilities for emergency services and for\nminimizing the role of the police in obtaining treatment of such persons\nnecessary to implement the provisions of this section, including but not\nlimited to establishing procedures for transporting incapacitated\npersons to a treatment facility for emergency services.\n