Section 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.   "Hospital"  means  a  general  hospital  as  defined  in  article
  twenty-eight of the public health law.
    (b) An  intoxicated  or  impaired  person  may  come  voluntarily  for
  emergency  treatment  to  a  chemical  dependence  program  or treatment
  facility  authorized  by  the  commissioner  to  give   such   emergency
  treatment.  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  give   emergency
  treatment. 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 (f) of this section.
    (c)  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 general hospital or to any
  other place authorized by the commissioner in regulations promulgated in
  accordance with subdivision  (f)  of  this  section  to  give  emergency
  treatment,  for  immediate  observation,  care, and emergency treatment.
  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  (f)  of
  this section.
    (d)  A  person  who comes voluntarily or is brought without his or her
  objection to any such facility or program in accordance with subdivision
  (c) of this section 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.

    (e) A person who is brought with his or her objection to any  facility
  or  treatment program in accordance with subdivision (c) of this section
  shall be examined as soon as possible 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  for
  emergency  treatment.  If  the  examining physician determines 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 forty-eight hours.
    1. 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.
    2. A person may not be retained pursuant  to  this  section  beyond  a
  period of forty-eight hours without his or her consent. Persons suitable
  therefor may be voluntarily admitted to a chemical dependence program or
  facility pursuant to this article.
    (f)  The  commissioner  shall promulgate 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 treatment  and  for  minimizing  the
  role of the police in obtaining treatment of such persons.