2023 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.