NY Ment Hygiene L § 22.09 (2021)
2021 New York Laws MHY - Mental Hygiene Title D - Alcoholism and Substance Abuse Act Article 22 - Chemical Dependence Programs, Treatment Facilities, and Services 22.09 - Emergency Services for Persons Intoxicated, Impaired, or Incapacitated by Alcohol And/or Substances.

§ 22.09 Emergency   services   for  persons  intoxicated,  impaired,  or             incapacitated by alcohol and/or substances.  (a) As used in this article:   1. "Intoxicated or impaired person" means a  person  whose  mental  or physical  functioning  is  substantially  impaired  as  a  result of the presence of alcohol and/or substances in his or her body.   2. "Incapacitated" means that a person, as a  result  of  the  use  of alcohol  and/or  substances,  is  unconscious or has his or her judgment otherwise so impaired that he or  she  is  incapable  of  realizing  and making  a  rational  decision  with  respect  to  his  or  her  need for treatment.   3. "Likelihood to result in harm" or "likely to result in harm"  means (i)  a  substantial risk of physical harm to the person as manifested by threats of or attempts at  suicide  or  serious  bodily  harm  or  other conduct  demonstrating  that  the  person  is  dangerous  to  himself or herself, or (ii) a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by  which  others  are placed in reasonable fear of serious physical harm.   4.   "Emergency   services"   means  immediate  physical  examination, assessment, care and  treatment  of  an  incapacitated  person  for  the purpose  of  confirming  that  the  person  is,  and  continues  to  be, incapacitated by alcohol and/or substances to the degree that there is a likelihood to result in harm to the person or others.   5.  "Treatment  facility"  means  a   facility   designated   by   the commissioner  which  may  only  include a general hospital as defined in article twenty-eight of the public health law, or a medically managed or medically   supervised   withdrawal,   inpatient   rehabilitation,    or residential  stabilization  treatment program that has been certified by the commissioner to have appropriate medical staff available on-site  at all  times  to  provide  emergency  services and continued evaluation of capacity  of  individuals  retained  under  this  section  or  a  crisis stabilization center licensed pursuant to article 36.01 of this chapter.  (b)  1.  An  intoxicated  or  impaired person may come voluntarily for emergency  services  to  a  chemical  dependence  program  or  treatment facility  authorized  by  the  commissioner  to  provide  such emergency services. A person who appears to be intoxicated  or  impaired  and  who consents  to  the  proffered  help  may be assisted by any peace officer acting pursuant to his or her special duties, police officer,  or  by  a designee  of  the director of community services to return to his or her home, to a chemical dependence program or treatment facility, or to  any other  facility authorized by the commissioner to provide such emergency services. In such cases, the peace officer, police officer, or  designee of the director of community services shall accompany the intoxicated or impaired  person  in a manner which is reasonably designed to assure his or her safety, as set forth in  regulations  promulgated  in  accordance with subdivision (d) of this section.   2.  A  person  who  appears  to  be  incapacitated  by  alcohol and/or substances to the degree that there is a likelihood to result in harm to the person or to others may be taken by a peace officer acting  pursuant to his or her special duties, or a police officer who is a member of the state  police  or  of  an  authorized police department or force or of a sheriff's department or by the  director  of  community  services  or  a person  duly  designated  by  him  or  her  to  a treatment facility for purposes of receiving emergency services. Every reasonable effort  shall be  made  to protect the health and safety of such person, including but not limited to the requirement that the peace officer,  police  officer, or director of community services or his or her designee shall accompany the  apparently  incapacitated  person  in  a manner which is reasonably  designed to assure his or  her  safety,  as  set  forth  in  regulations promulgated in accordance with subdivision (d) of this section.   3.  A  person  who  comes voluntarily or is brought without his or her objection to any such  facility  or  program  in  accordance  with  this subdivision shall be given emergency care and treatment at such place if found  suitable therefor by authorized personnel, or referred to another suitable facility or treatment program for care and treatment,  or  sent to his or her home.   4.  The  director  of a treatment facility may receive as a patient in need of emergency services any person who appears to be incapacitated as defined in this section.   5. A person who comes voluntarily  or  is  brought  with  his  or  her objection  to a treatment facility shall be examined as soon as possible but not more than twelve hours after arriving at such treatment facility by an examining physician. If such examining physician  determines  that such  person is incapacitated by alcohol and/or substances to the degree that there is a likelihood to result in harm to the person or others, he or she may be retained  to  receive  emergency  services  and  shall  be regularly  reevaluated to confirm continued incapacity by alcohol and/or substances to the degree that there is a likelihood to result in harm to the person or others. If the examining physician determines at any  time that  such  person  is not incapacitated by alcohol and/or substances to the degree that there is a likelihood to result in harm to the person or others, he or she must be released. Notwithstanding any other law, in no event may such person be retained against his or  her  objection  beyond whichever  is  the shorter of the following: (i) the time that he or she is no longer incapacitated by alcohol and/or substances  to  the  degree that  there is a likelihood to result in harm to the person or others or (ii) a period longer than seventy-two hours.   6. Every reasonable effort must be made to obtain the person's consent to give prompt notification of a person's retention  in  a  facility  or program  pursuant  to  this  section  to  his or her closest relative or friend, and, if requested by such person, to his  or  her  attorney  and personal   physician,   in   accordance   with  federal  confidentiality regulations.   7. A person may not be retained pursuant  to  this  section  beyond  a period of seventy-two hours without his or her consent. Persons suitable therefor may be voluntarily admitted to a chemical dependence program or facility pursuant to this article.  (c)  Discharge  procedures.  1.  The discharge procedure process shall begin as soon as the patient is admitted to the treatment  facility  and shall  be  considered  a  part  of  the  treatment planning process. The discharge plan shall be developed in collaboration with the patient  and any  significant other(s) the patient chooses to involve. If the patient is a minor, the discharge plan must also be  developed  in  consultation with  his  or  her parent or guardian, unless the minor is being treated without parental consent as authorized by section 22.11 of this chapter.   2. No patient shall be discharged without a discharge plan  which  has been  completed and reviewed by the multi-disciplinary team prior to the discharge of the patient. This review may be part of a regular treatment plan review. The portion  of  the  discharge  plan  which  includes  the referrals  for  continuing  care  shall  be  given  to  the patient upon discharge. This requirement shall  not  apply  to  patients  who  refuse continuing care planning, provided, however, that the treatment facility shall  make  reasonable efforts to provide information about the dangers of long term substance use as well as information related  to  treatment including,  but  not  limited  to,  the OASAS HOPELINE and the OASAS Bed Availability Dashboard.    3. The discharge plan shall be developed by the  responsible  clinical staff  member,  who, in the development of such plan, shall consider the patient's  self-reported  confidence  in  maintaining   abstinence   and following  an  individualized  relapse  prevention plan. The responsible clinical staff member shall also consider an assessment of the patient's home  and  family environment, vocational/educational/employment status, and the patient's relationships with significant others. The purpose  of the  discharge  plan  shall  be  to  establish the level of clinical and social resources available  to  the  patient  upon  discharge  from  the inpatient  service and the need for the services for significant others. The discharge plan shall include, but not be limited to, the following:  (i)  identification  of  continuing   chemical   dependence   services including  management  of withdrawal or continuing stabilization and any other treatment, rehabilitation, self-help and  vocational,  educational and employment services the patient will need after discharge;  (ii) identification of the type of residence, if any, that the patient will need after discharge;  (iii)  identification  of specific providers of these needed services; and  (iv) specific referrals and  initial  appointments  for  these  needed services.   4.  A  discharge summary which includes the course and results of care and treatment must be prepared  and  included  in  each  patient's  case record within twenty days of discharge.  (d) The commissioner shall promulgate all rules and regulations, after consulting  with  representatives  of  appropriate  law  enforcement and chemical dependence providers of services, establishing  procedures  for taking   intoxicated   or   impaired   persons  and  persons  apparently incapacitated by alcohol and/or substances to  their  residences  or  to appropriate  public or private facilities for emergency services and for minimizing the role of the police in obtaining treatment of such persons necessary to implement the provisions of this section, including but not limited  to  establishing  procedures  for  transporting   incapacitated persons to a treatment facility for emergency services.