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Section 23-1.10-1. – Declaration of policy.

§ 23-1.10-1. Declaration of policy. The problem of alcoholism, with its attendant effects upon the economic condition of alcoholics and those dependent upon them, and the substantial physical deterioration brought about by the misuse of alcohol, has, as shown by the studies, become more and more a major concern of government. Those who, through the […]

Section 23-1.10-11. – Emergency commitment.

§ 23-1.10-11. Emergency commitment. (a) An intoxicated person who (1) has threatened, attempted, or inflicted physical harm on himself or herself or another and is likely to inflict physical harm on himself or herself or another unless committed, or (2) is incapacitated by alcohol, may be committed to an approved public treatment facility for emergency […]

Section 23-1.10-12. – Involuntary commitment of alcoholics.

§ 23-1.10-12. Involuntary commitment of alcoholics. (a) A person may be committed to the custody of the department by the district court upon the petition of his or her spouse or guardian, a relative, the certifying physician, or the administrator in charge of any approved public treatment facility. The petition shall allege that the person […]

Section 23-1.10-13. – Confidentiality of records — Availability for research.

§ 23-1.10-13. Confidentiality of records — Availability for research. (a) The registration and other records of treatment facilities shall remain confidential and are privileged to the patient. (b) Notwithstanding subsection (a), the director may make available information from patients’ records for purposes of research into the causes and treatment of alcoholism. Information under this subsection […]

Section 23-1.10-14. – Visitation rights — Mail and other communications.

§ 23-1.10-14. Visitation rights — Mail and other communications. (a) Subject to reasonable rules regarding hours of visitation which the director may adopt, patients in any approved treatment facility shall be granted opportunities for adequate consultation with counsel, and for continuing contact with family and friends consistent with an effective treatment program. (b) Neither mail […]

Section 23-1.10-15. – Payment for treatment.

§ 23-1.10-15. Payment for treatment. (a) If treatment is provided by an approved public treatment facility and the patient has not paid the charge for that treatment, the department is entitled to any payment: (1) Received by the patient or to which he or she may be entitled because of the services rendered; and (2) […]

Section 23-1.10-16. – Limits on application of laws punishing intoxication.

§ 23-1.10-16. Limits on application of laws punishing intoxication. (a) Neither the state, municipality, nor other political subdivision of the state or municipality may adopt or enforce a law, ordinance, resolution, or rule having the force of law that includes drinking, being a common drunkard, or being found in an intoxicated condition as one of […]

Section 23-1.10-17. – Severability.

§ 23-1.10-17. Severability. If any provision of this chapter or the application of that provision to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter […]

Section 23-1.10-18. – Application of Administrative Procedures Act.

§ 23-1.10-18. Application of Administrative Procedures Act. Except as otherwise provided in this chapter, the state Administrative Procedures Act, chapter 35 of title 42, applies to and governs all administrative action taken by the director. History of Section.P.L. 1972, ch. 130, § 1; G.L. 1956, § 40.1-4-18; P.L. 1995, ch. 370, art. 14, § 4.

Section 23-1.10-19. – Rules and regulations.

§ 23-1.10-19. Rules and regulations. All rules and regulations promulgated in accordance with the provisions of this chapter shall be adopted in accordance with the procedures specified in chapter 35 of title 42, the Administrative Procedures Act. History of Section.P.L. 1972, ch. 130, § 1; G.L. 1956, § 40.1-4-19; P.L. 1995, ch. 370, art. 14, […]

Section 23-1.10-2. – Definitions.

§ 23-1.10-2. Definitions. As used in this chapter: (1) “Alcoholic” means a person who habitually lacks self-control as to the use of alcoholic beverages, or uses alcoholic beverages to the extent that his or her health is substantially impaired or endangered or his or her social or economic function is substantially disrupted; (2) “Approved private […]

Section 23-1.10-20. – Pilot alternative program established.

§ 23-1.10-20. Pilot alternative program established. (a) There is hereby created a program for individuals impaired by substance abuse related issues, as an alternative treatment/referral service to the emergency room department, to foster their entry into a continuum of care for treatment and recovery. This pilot program shall be an addition and shall not alter […]

Section 23-1.10-3. – Powers assumed by department.

§ 23-1.10-3. Powers assumed by department. The department may: (1) Plan, establish, and maintain treatment programs as necessary or desirable; (2) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including contracts with public and private agencies, organizations, and individuals to pay them for services rendered or […]

Section 23-1.10-4. – Duties of department.

§ 23-1.10-4. Duties of department. The department shall: (1) Develop, encourage, and foster statewide, regional, and local plans and programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes; (2) Coordinate the […]

Section 23-1.10-6. – Comprehensive program for treatment.

§ 23-1.10-6. Comprehensive program for treatment. (a) The department shall establish a comprehensive and coordinated program for the treatment of alcoholics and intoxicated persons. The director shall divide the state into appropriate regions for the conduct of the program and establish standards for the development of the program on the regional level. In establishing the […]

Section 23-1.10-7. – Standards for treatment facilities — Inspections — Furnishing information to department — Noncompliance with standards.

§ 23-1.10-7. Standards for treatment facilities — Inspections — Furnishing information to department — Noncompliance with standards. (a) The department shall establish standards for approved treatment facilities that must be met for a treatment facility to be approved as a public or private treatment facility, and fix the fees to be charged by the department […]

Section 23-1.10-8. – Rules as to acceptance for treatment.

§ 23-1.10-8. Rules as to acceptance for treatment. The director shall adopt and may amend and repeal rules for acceptance of persons into the treatment program, considering available treatment resources and facilities for the purpose of early and effective treatment of alcoholics and intoxicated persons. In establishing the rules the director shall be guided by […]

Section 23-1.10-9. – Voluntary treatment of alcoholics.

§ 23-1.10-9. Voluntary treatment of alcoholics. (a) An alcoholic may apply for voluntary treatment directly to an approved public treatment facility. If the proposed patient is a minor or an incompetent person, he or she, a parent, a legal guardian, or other legal representative may make the application. (b) Subject to rules adopted by the […]