§ 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.
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