2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 23. ADDICTION SERVICES
CHAPTER 9. VOLUNTARY TREATMENT BY DIVISION FOR ALCOHOLICS
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IC 12-23-9
Chapter 9. Voluntary Treatment by Division for Alcoholics
IC 12-23-9-1
Application for treatment; minors
Sec. 1. An alcoholic may apply for voluntary treatment directly to
a certified treatment facility. If the proposed patient is a minor or an
incapacitated individual, the proposed patient, a parent, a legal
guardian, or other legal representative may make the application.
As added by P.L.2-1992, SEC.17.
IC 12-23-9-2
Examination by physician
Sec. 2. An individual who:
(1) comes voluntarily; or
(2) is a minor or an incapacitated individual who is brought to
a certified public treatment facility;
shall be examined by a licensed physician as soon as possible.
As added by P.L.2-1992, SEC.17.
IC 12-23-9-3
Admission; referral; transportation
Sec. 3. (a) After a physical examination under section 2 of this
chapter, an individual may be admitted as a patient or referred to
another health facility.
(b) The referring certified treatment facility shall arrange for the
individual's transportation.
As added by P.L.2-1992, SEC.17.
IC 12-23-9-4
Incapacitation by alcohol; length of detention
Sec. 4. (a) An individual who by medical examination is found to
be incapacitated by alcohol at the time of admission or to have
become incapacitated by alcohol at any time after admission may not
be detained at a facility:
(1) after the individual is no longer incapacitated by alcohol; or
(2) if the individual remains incapacitated by alcohol for more
than forty-eight (48) hours after admission as a patient, unless
the individual is committed under IC 12-23-7 through
IC 12-23-8.
(b) An individual may consent to remain in a facility as long as
the physician in charge believes it is appropriate.
As added by P.L.2-1992, SEC.17.
IC 12-23-9-5
Notification of family or next of kin
Sec. 5. (a) If an individual is admitted to a certified public
treatment facility, the individual's family or next of kin shall be
notified as soon as possible.
(b) An adult patient who is not incapacitated may request that
there be no notification. The request shall be respected.
As added by P.L.2-1992, SEC.17.
IC 12-23-9-6
Determination by administrator of persons to be admitted; referral
to another facility; rules
Sec. 6. (a) The administrator in charge of a certified treatment
facility may determine who shall be admitted for treatment.
(b) If an individual is refused admission, the administrator shall
refer the individual to another approved public treatment facility for
treatment if possible and appropriate.
(c) The administrator's determinations under this section are
subject to rules adopted under IC 12-23-1-6(6).
As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.43.
IC 12-23-9-7
Patients leaving facility; outpatient and intermediate treatment;
assistance
Sec. 7. If a patient receiving inpatient care leaves a certified
treatment facility, the patient shall be encouraged to consent to
appropriate outpatient or intermediate treatment. If the administrator
in charge of the treatment facility believes that the patient is an
alcoholic who requires help, the bureau may assist the patient in
obtaining supportive services and residential facilities (as defined in
IC 12-7-2-165).
As added by P.L.2-1992, SEC.17. Amended by P.L.6-1995, SEC.14.
IC 12-23-9-8
Police officer taking custody of intoxicated individual; immunity
from liability
Sec. 8. A police officer who takes custody of an intoxicated
individual in good faith for the purpose of delivering the individual
to:
(1) a certified treatment facility; or
(2) the alcoholic rehabilitation program provided for in
IC 12-23-14;
is immune from civil or criminal liability arising out of a claim for
or charge of false arrest or false imprisonment.
As added by P.L.2-1992, SEC.17.
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