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 12-23-7.1 through IC 12-23-8.1.
(b) An individual may consent to remain in a facility as long as the physician in charge believes it is appropriate.
[Pre-1992 Revision Citation: 16-13-6.1-19(c).]
As added by P.L.2-1992, SEC.17. Amended by P.L.113-2014, SEC.40; P.L.187-2015, SEC.17.
Structure Indiana Code
Article 23. Addiction Services
Chapter 9. Voluntary Treatment by Division for Alcoholics
12-23-9-1. Application for Treatment; Minors
12-23-9-2. Examination by Physician
12-23-9-3. Admission; Referral; Transportation
12-23-9-4. Incapacitation by Alcohol; Length of Detention
12-23-9-5. Notification of Family or Next of Kin
12-23-9-7. Patients Leaving Facility; Outpatient and Intermediate Treatment; Assistance
12-23-9-8. Police Officer Taking Custody of Intoxicated Individual; Immunity From Liability