N.Y. Comp. Codes R. & Regs. tit. 14 § 304.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 304.3 - Emergency care services for persons incapacitated by alcohol

(a) Special requirements.

(1) Persons who are or appear to be incapacitated by alcohol shall be taken only to facilities or services which have been designated in accordance with the provisions of this section.

(2) Each such designated facility or service shall have a physician regularly available at all times to provide emergency service, either on duty or on call.

(b) Procedural requirements.

(1) Non-objecting persons.

(i) Examination. Whenever a person who is, or appears to be, incapacitated by alcohol is brought to such designated facility or service and does not object to being brought thereto, such person shall be examined immediately to determine whether he or she is incapacitated.

(ii) Found not to be incapacitated. If after such examination, such person is found not to be incapacitated, he or she must be released with an appropriate referral made, unless such facility or service has also been designated as appropriate for intoxicated persons, in which case such person may be retained.

(iii) Found to be incapacitated. If after such examination, such person is found to be incapacitated, he or she may be retained in such facility or service.

(2) Objecting persons.

(i) Examination. Whenever a person who is, or appears to be, incapacitated by alcohol is brought to any such designated facility or service and who objects to being brought thereto, or remaining therein, such person shall be examined by a physician as soon as possible.

(ii) Found not to be incapacitated. If, after such examination, such person is found not to be incapacitated, he or she must be released with an appropriate referral made.

(iii) Found to be incapacitated. If, after such examination, such person is found to be incapacitated to the degree that he or she may endanger self, other persons or property, he or she may be retained in such facility or services over his or her objection until no longer incapacitated to such degree or no longer than a period of 24 hours, whichever occurs first.

(c) Designated facilities or services. The following have been designated by the director to provide emergency care and treatment to persons incapacitated by alcohol:

(1) emergency rooms of general hospitals; and

(2) facilities with inpatient detoxification programs which have been certified by the director.

(d) Other designated facilities or services. The director may also designate other facilities or services for the emergency care and treatment of persons incapacitated by alcohol as appear to be necessary and proper in accordance with the following procedures:

(1) Such other facility or service shall be recommended in writing to the director as appropriate for such designation by the appropriate director of community services.

(2) Any such recommendation shall contain documentation that the facility or service is willing and has a plan to provide such emergency care and treatment. Such documentation shall include information relating to physical plant, staffing, staff qualifications, and hours of operation.

(3) If approved by the director, such facility or service shall provide such care and treatment only in accordance with the written notification that the director has duly designated such facility or service to provide such services.

(e) List of services. The division shall maintain a current list of certified or designated emergency care facilities or services for persons incapacitated by alcohol.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 304.3