Rhode Island 2023 Regular Session

Rhode Island House Bill H6072 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 6072
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7	7	LC001489
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- COMMITMENT OF ALCOHO LICS OR
16	16	SUBSTANCE ABUSERS
17	17	Introduced By: Representatives J. Lombardi, Hull, Cruz, Morales, Potter, Stewart,
18	18	Shallcross Smith, Ajello, Slater, and Bennett
19	19	Date Introduced: March 03, 2023
20	20	Referred To: House Judiciary
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Chapter 23-1.10 of the General Laws entitled "Alcoholism" is hereby 1
25	25	repealed in its entirety. 2
26	26	CHAPTER 23-1.10 3
27	27	Alcoholism 4
28	28	23-1.10-1. Declaration of policy. 5
29	29	The problem of alcoholism, with its attendant effects upon the economic condition of 6
30	30	alcoholics and those dependent upon them, and the substantial physical deterioration brought about 7
31	31	by the misuse of alcohol, has, as shown by the studies, become more and more a major concern of 8
32	32	government. Those who, through the misuse of alcohol, adversely affect their health and their 9
33	33	economic independence have in recent years increased in number. This chapter is designed to 10
34	34	provide proper treatment for those who have been habitually misusing alcohol as a beverage. It is 11
35	35	the further policy of this state that alcoholics and intoxicated persons may not be subjected to 12
36	36	criminal prosecution because of their consumption of alcoholic beverages but rather should be 13
37	37	afforded a continuum of treatment in order that they may lead normal lives as productive members 14
38	38	of society. 15
39	39	23-1.10-2. Definitions. 16
40	40	As used in this chapter: 17
41	41	(1) “Alcoholic” means a person who habitually lacks self-control as to the use of alcoholic 18
42	42
43	43
44	44	LC001489 - Page 2 of 21
45	45	beverages, or uses alcoholic beverages to the extent that his or her health is substantially impaired 1
46	46	or endangered or his or her social or economic function is substantially disrupted; 2
47	47	(2) “Approved private treatment facility” means a private agency meeting the standards 3
48	48	prescribed in § 23-1.10-7(a) and approved under § 23-1.10-7(c); 4
49	49	(3) “Approved public treatment facility” means a treatment agency operating under the 5
50	50	direction and control of the department or providing treatment under this chapter through a contract 6
51	51	with the department under § 23-1.10-6(g) and meeting the standards prescribed in § 23-1.10-7(a); 7
52	52	(4) “Department” means department of behavioral healthcare, developmental disabilities 8
53	53	and hospitals; 9
54	54	(5) “Director” means the director of the department of behavioral healthcare, 10
55	55	developmental disabilities and hospitals; 11
56	56	(6) “Incapacitated by alcohol” means a person, who as a result of the use of alcohol is 12
57	57	intoxicated to such an extent that he or she is unconscious or has his or her judgment otherwise so 13
58	58	impaired that he or she is incapable of realizing and making a rational decision with respect to his 14
59	59	or her need for treatment; 15
60	60	(7) “Incompetent person” means a person who has been adjudged incompetent by the 16
61	61	probate court of the city and town in which the person resides, or any other court of competent 17
62	62	jurisdiction; 18
63	63	(8) “Intoxicated person” means a person whose mental or physical functioning is 19
64	64	substantially impaired as a result of the use of alcohol; 20
65	65	(9) “Treatment” means the broad range of emergency, outpatient, intermediate, and 21
66	66	inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, 22
67	67	and social service care, vocational rehabilitation and career counseling, which may be extended to 23
68	68	alcoholics and intoxicated persons. 24
69	69	23-1.10-3. Powers assumed by department. 25
70	70	The department may: 26
71	71	(1) Plan, establish, and maintain treatment programs as necessary or desirable; 27
72	72	(2) Make contracts necessary or incidental to the performance of its duties and the 28
73	73	execution of its powers, including contracts with public and private agencies, organizations, and 29
74	74	individuals to pay them for services rendered or furnished to alcoholics or intoxicated persons; 30
75	75	(3) Solicit and accept for use any gift of money or property made by will or otherwise, and 31
76	76	any grant of money, services, or property from the federal government, the state, or any political 32
77	77	subdivision of the state or any private source, and do all things necessary to cooperate with the 33
78	78	federal government or any of its agencies in making an application for any grant; 34
79	79
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82	82	(4) Administer or supervise the administration of the provisions relating to alcoholics and 1
83	83	intoxicated persons of any state plan submitted for federal funding pursuant to federal health, 2
84	84	welfare, or treatment legislation; 3
85	85	(5) Coordinate its activities and cooperate with alcoholism programs in this and other 4
86	86	states, and make contracts and other joint or cooperative arrangements with state, local, or private 5
87	87	agencies in this and other states for the treatment of alcoholics and intoxicated persons and for the 6
88	88	common advancement of alcoholism programs; 7
89	89	(6) Keep records and engage in research and the gathering of relevant statistics; 8
90	90	(7) Do other acts and things necessary or convenient to execute the authority expressly 9
91	91	granted to it; and 10
92	92	(8) Acquire, hold, or dispose of real property or any interest in real property, and construct, 11
93	93	lease, or otherwise provide treatment facilities for alcoholics and intoxicated persons. 12
94	94	23-1.10-4. Duties of department. 13
95	95	The department shall: 14
96	96	(1) Develop, encourage, and foster statewide, regional, and local plans and programs for 15
97	97	the prevention of alcoholism and treatment of alcoholics and intoxicated persons in cooperation 16
98	98	with public and private agencies, organizations, and individuals and provide technical assistance 17
99	99	and consultation services for these purposes; 18
100	100	(2) Coordinate the efforts and enlist the assistance of all public and private agencies, 19
101	101	organizations, and individuals interested in prevention of alcoholism and treatment of alcoholics 20
102	102	and intoxicated persons; 21
103	103	(3) Cooperate with the department of corrections and board of parole in establishing and 22
104	104	conducting programs to provide treatment for alcoholics and intoxicated persons in or on parole 23
105	105	from penal institutions; 24
106	106	(4) Cooperate with the board of regents for elementary and secondary education, board of 25
107	107	governors for higher education, schools, police departments, courts, and other public and private 26
108	108	agencies, organizations, and individuals in establishing programs for the prevention of alcoholism 27
109	109	and treatment of alcoholics and intoxicated persons, and preparing curriculum materials for use at 28
110	110	all levels of school education; 29
111	111	(5) Prepare, publish, evaluate, and disseminate educational material dealing with the nature 30
112	112	and effects of alcohol; 31
113	113	(6) Develop and implement, as an integral part of treatment programs, an educational 32
114	114	program for use in the treatment of alcoholics and intoxicated persons, which program shall include 33
115	115	the dissemination of information concerning the nature and effects of alcohol; 34
116	116
117	117
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119	119	(7) Organize and foster training programs for all persons engaged in treatment of alcoholics 1
120	120	and intoxicated persons; 2
121	121	(8) Sponsor and encourage research into the causes and nature of alcoholism and treatment 3
122	122	of alcoholics and intoxicated persons, and serve as a clearing house for information relating to 4
123	123	alcoholism; 5
124	124	(9) Specify uniform methods for keeping statistical information by public and private 6
125	125	agencies, organizations, and individuals, and collect and make available relevant statistical 7
126	126	information, including number of persons treated, frequency of admission and readmission, and 8
127	127	frequency and duration of treatment; 9
128	128	(10) Advise the governor in the preparation of a comprehensive plan for treatment of 10
129	129	alcoholics and intoxicated persons; 11
130	130	(11) Review all state health, welfare, and treatment plans to be submitted for federal 12
131	131	funding under federal legislation, and advise the governor on provisions to be included relating to 13
132	132	alcoholism and intoxicated persons; 14
133	133	(12) Assist in the development of, and cooperate with, alcohol education and treatment 15
134	134	programs for employees of state and local governments and businesses and industries in the state; 16
135	135	(13) Utilize the support and assistance of interested persons in the community, particularly 17
136	136	recovered alcoholics, to encourage alcoholics to voluntarily undergo treatment; 18
137	137	(14) Cooperate with the department of transportation and related agencies both state and 19
138	138	local in establishing and conducting programs designed to deal with the problem of persons 20
139	139	operating motor vehicles while intoxicated; 21
140	140	(15) Encourage general hospitals and other appropriate health facilities to admit without 22
141	141	discrimination alcoholics and intoxicated persons and to provide them with adequate and 23
142	142	appropriate treatment; 24
143	143	(16) Encourage all health and disability insurance programs to include alcoholism as a 25
144	144	covered illness; 26
145	145	(17) Submit to the governor an annual report covering the activities of the department; and 27
146	146	(18) Establish alcohol and substance abuse prevention programs for students in 28
147	147	kindergarten through grade twelve (12), in accordance with § 35-4-18. The director shall make an 29
148	148	annual report to the governor and the general assembly on the administration of the program and 30
149	149	shall submit to the governor and the general assembly the results of an independent evaluation of 31
150	150	the alcohol and substance abuse prevention program established in accordance with this section. 32
151	151	This evaluation shall address the following areas: 33
152	152	(i) Program development; 34
153	153
154	154
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156	156	(ii) Implementation; 1
157	157	(iii) Impact; and 2
158	158	(iv) Recommendations for future needs. 3
159	159	23-1.10-5. [Reserved.] 4
160	160	23-1.10-6. Comprehensive program for treatment. 5
161	161	(a) The department shall establish a comprehensive and coordinated program for the 6
162	162	treatment of alcoholics and intoxicated persons. The director shall divide the state into appropriate 7
163	163	regions for the conduct of the program and establish standards for the development of the program 8
164	164	on the regional level. In establishing the regions, consideration shall be given to city, town, and 9
165	165	county lines and population concentrations. 10
166	166	(b) The program of the division shall include: 11
167	167	(1) Emergency treatment provided by a facility affiliated with or part of the medical service 12
168	168	of a general hospital; 13
169	169	(2) Inpatient treatment; 14
170	170	(3) Intermediate treatment; and 15
171	171	(4) Outpatient and follow-up treatment. 16
172	172	(c) The department shall provide for adequate and appropriate treatment for alcoholics and 17
173	173	intoxicated persons admitted pursuant to §§ 23-1.10-11 and 23-1.10-12. Treatment may not be 18
174	174	provided at a correctional institution except for inmates. 19
175	175	(d) The department shall maintain, supervise, and control all facilities operated by it subject 20
176	176	to its policies. The administrator of each facility shall make an annual report of its activities to the 21
177	177	director in the form and manner the director specifies. 22
178	178	(e) All appropriate public and private resources shall be coordinated with and utilized in 23
179	179	the program whenever possible. 24
180	180	(f) The director shall prepare, publish, and distribute annually a list of all approved public 25
181	181	and private treatment facilities. 26
182	182	(g) The department may contract for the use of any facility as an approved public treatment 27
183	183	facility if the director, subject to the policies of the department, considers this to be an effective and 28
184	184	economical course to follow. 29
185	185	23-1.10-7. Standards for treatment facilities — Inspections — Furnishing information 30
186	186	to department — Noncompliance with standards. 31
187	187	(a) The department shall establish standards for approved treatment facilities that must be 32
188	188	met for a treatment facility to be approved as a public or private treatment facility, and fix the fees 33
189	189	to be charged by the department for the required inspections. The standards may concern only the 34
190	190
191	191
192	192	LC001489 - Page 6 of 21
193	193	health standards to be met and standards of treatment to be afforded patients. 1
194	194	(b) The department shall periodically inspect approved public and private treatment 2
195	195	facilities at reasonable times and in a reasonable manner. 3
196	196	(c) The department shall maintain a list of approved public and private treatment facilities. 4
197	197	(d) Each approved public and private treatment facility shall file with the department on 5
198	198	request: data, statistics, schedules, and any other information that the department reasonably 6
199	199	requires. An approved public or private treatment facility that without good cause fails to furnish 7
200	200	any data, statistics, schedules, and any other information as requested, or files fraudulent returns, 8
201	201	shall be removed from the list of approved treatment facilities. 9
202	202	(e) The department, after holding a hearing, may suspend, revoke, limit, or restrict an 10
203	203	approval, or refuse to grant an approval, for failure to meet its standards. 11
204	204	23-1.10-8. Rules as to acceptance for treatment. 12
205	205	The director shall adopt and may amend and repeal rules for acceptance of persons into the 13
206	206	treatment program, considering available treatment resources and facilities for the purpose of early 14
207	207	and effective treatment of alcoholics and intoxicated persons. In establishing the rules the director 15
208	208	shall be guided by the following standards: 16
209	209	(1) If possible a patient shall be treated on a voluntary rather than an involuntary basis. 17
210	210	(2) A patient shall be initially assigned or transferred to outpatient or intermediate 18
211	211	treatment, unless he or she is found to require inpatient treatment. 19
212	212	(3) A person shall not be denied treatment solely because he or she has withdrawn from 20
213	213	treatment against medical advice on a prior occasion or because he or she has relapsed after earlier 21
214	214	treatment. 22
215	215	(4) An individualized treatment plan shall be prepared and maintained on a current basis 23
216	216	for each patient. 24
217	217	(5) Provision shall be made for a continuum of coordinated treatment services, so that a 25
218	218	person who leaves a facility or a form of treatment will have available and utilize other appropriate 26
219	219	treatment. 27
220	220	23-1.10-9. Voluntary treatment of alcoholics. 28
221	221	(a) An alcoholic may apply for voluntary treatment directly to an approved public treatment 29
222	222	facility. If the proposed patient is a minor or an incompetent person, he or she, a parent, a legal 30
223	223	guardian, or other legal representative may make the application. 31
224	224	(b) Subject to rules adopted by the director, the administrator in charge of an approved 32
225	225	public treatment facility may determine who shall be admitted for treatment; provided, however, 33
226	226	that a person so admitted may be held by the department for at least thirty (30) days. That person 34
227	227
228	228
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230	230	shall be released at the end of thirty (30) days upon written request to the administrator in charge 1
231	231	of the treatment facility. If a person is refused admission to an approved public treatment facility, 2
232	232	the administrator, subject to rules adopted by the director, shall refer the person to another approved 3
233	233	public treatment facility for treatment if possible and appropriate. 4
234	234	(c) If a patient receiving inpatient care leaves an approved public treatment facility, he or 5
235	235	she shall be encouraged to consent to appropriate outpatient or intermediate treatment. If it appears 6
236	236	to the administrator in charge of the treatment facility that the patient is an alcoholic who requires 7
237	237	help, the department shall arrange for assistance in obtaining supportive services and residential 8
238	238	facilities. 9
239	239	(d) If a patient leaves an approved public treatment facility, with or against the advice of 10
240	240	the administrator in charge of the facility, the department will attempt to make reasonable 11
241	241	provisions for his or her transportation to another facility or to his or her home. If he or she has no 12
242	242	home, he or she shall be referred or advised to make contact with the appropriate state or federal 13
243	243	agency for assistance in obtaining shelter. If he or she is a minor or an incompetent person, the 14
244	244	request for discharge from an inpatient facility shall be made by a parent, legal guardian, or other 15
245	245	legal representative or by the minor or incompetent if he or she was the original applicant. 16
246	246	23-1.10-10. Treatment and services for intoxicated persons and persons incapacitated 17
247	247	by alcohol. 18
248	248	(a) An intoxicated person may come voluntarily to an approved public treatment facility 19
249	249	for emergency treatment. A person who appears to be intoxicated in a public place and to be in 20
250	250	need of help, if he or she consents to the proffered help, may be assisted to his or her home, an 21
251	251	approved public treatment facility, an approved private treatment facility, or other health facility 22
252	252	by the police. 23
253	253	(b) A person who appears to be incapacitated by alcohol shall be taken into protective 24
254	254	custody by the police and immediately brought to an approved public treatment facility for 25
255	255	emergency treatment. If no approved public treatment facility is readily available, he or she shall 26
256	256	be taken to an emergency medical service customarily used for incapacitated persons. The police, 27
257	257	in detaining the person and in taking him or her to an approved public treatment facility, are taking 28
258	258	him or her into protective custody and shall make every reasonable effort to protect his or her health 29
259	259	and safety. In taking the person into protective custody, the detaining officer may take reasonable 30
260	260	steps to protect himself or herself. If it is impracticable to take a person to an approved facility, the 31
261	261	police may take him or her into protective custody in the police station in suitable quarters, for a 32
262	262	reasonable time. A taking into protective custody under this section is not an arrest. No entry or 33
263	263	other record shall be made to indicate that the person has been arrested or charged with a crime. 34
264	264
265	265
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267	267	(c) A person who comes voluntarily or is brought to an approved public treatment facility 1
268	268	shall be examined by a licensed physician as soon as possible. He or she may then be admitted as 2
269	269	a patient or referred to another health facility, or be released to his or her own custody. The referring 3
270	270	approved public treatment facility shall arrange for his or her transportation as provided for in § 4
271	271	23-1.10-9(d). 5
272	272	(d) A person who by medical examination is found to be incapacitated by alcohol at the 6
273	273	time of his or her admission or to have become incapacitated at any time after his or her admission, 7
274	274	may not be detained at the facility: (1) once he or she is no longer incapacitated by alcohol, or (2) 8
275	275	if he or she remains incapacitated by alcohol for more than five (5) days after admission as a patient, 9
276	276	unless he or she is committed under § 23-1.10-11. A person may consent to remain in the facility 10
277	277	for as long as the physician in charge believes appropriate. 11
278	278	(e) A person who is not admitted to an approved public treatment facility, who is not 12
279	279	referred to another health facility, and who has no funds may be taken to his or her home, if any. If 13
280	280	he or she has no home, the approved public treatment facility shall refer or advise him or her to 14
281	281	make contact with the appropriate state or federal agency for assistance in obtaining shelter. 15
282	282	(f) If a patient is admitted to an approved public treatment facility, his or her family or 16
283	283	next-of-kin shall be notified as promptly as possible if requested by the patient. If an adult patient 17
284	284	who is not incapacitated requests that there be no notification, his or her request shall be respected. 18
285	285	(g) The police, who act in compliance with this section, are acting in the course of their 19
286	286	official duty and are not criminally or civilly liable for acting in the course of their official duty. 20
287	287	(h) If the physician in charge of the approved public treatment facility determines it is for 21
288	288	the patient’s benefit, the patient shall be encouraged to agree to further diagnosis and appropriate 22
289	289	voluntary treatment. 23
290	290	23-1.10-11. Emergency commitment. 24
291	291	(a) An intoxicated person who (1) has threatened, attempted, or inflicted physical harm on 25
292	292	himself or herself or another and is likely to inflict physical harm on himself or herself or another 26
293	293	unless committed, or (2) is incapacitated by alcohol, may be committed to an approved public 27
294	294	treatment facility for emergency treatment. A refusal to undergo treatment does not constitute 28
295	295	evidence of lack of judgment as to the need for treatment. 29
296	296	(b) The certifying physician, spouse, guardian, or relative of the person to be committed, 30
297	297	or any other responsible person, may make a written application for commitment under this section, 31
298	298	directed to the administrator of the approved public treatment facility. The application shall state 32
299	299	facts to support the need for emergency treatment and be accompanied by a physician’s certificate 33
300	300	stating that he or she has examined the person sought to be committed within two (2) days before 34
301	301
302	302
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304	304	the certificate’s date and facts supporting the need for emergency treatment. 1
305	305	(c) Upon approval of the application by the administrator in charge of the approved public 2
306	306	treatment facility, the person shall be brought to the facility by a peace officer, health officer, the 3
307	307	applicant for commitment, the patient’s spouse, the patient’s guardian, or any other interested 4
308	308	person. The person shall be retained at the facility to which he or she was admitted, or transferred 5
309	309	to another appropriate public or private treatment facility, until discharged under subsection (e). 6
310	310	(d) The administrator in charge of an approved public treatment facility shall refuse an 7
311	311	application if in his or her opinion the application and certificate failed to sustain the grounds for 8
312	312	commitment. 9
313	313	(e) When, on the advice of the medical staff, the administrator determines that the grounds 10
314	314	for commitment no longer exist, he or she shall discharge a person committed under this section. 11
315	315	No person committed under this section may be detained in any treatment facility for more than ten 12
316	316	(10) days. If a petition for involuntary commitment under § 23-1.10-12 has been filed within the 13
317	317	ten (10) days and the administrator in charge of an approved public treatment facility finds that 14
318	318	grounds for emergency commitment still exist, he or she may detain the person until the petition 15
319	319	has been heard and determined, but no longer than ten (10) days after filing the petition. 16
320	320	(f) A copy of the written application for commitment and of the physician’s certificate, and 17
321	321	a written explanation of the person’s right to counsel, shall be given to the person within twenty-18
322	322	four (24) hours after commitment by the administrator, who shall provide a reasonable opportunity 19
323	323	for the person to consult counsel. 20
324	324	23-1.10-12. Involuntary commitment of alcoholics. 21
325	325	(a) A person may be committed to the custody of the department by the district court upon 22
326	326	the petition of his or her spouse or guardian, a relative, the certifying physician, or the administrator 23
327	327	in charge of any approved public treatment facility. The petition shall allege that the person is an 24
328	328	alcoholic who habitually lacks self-control as to the use of alcoholic beverages and that he or she: 25
329	329	(1) has threatened, attempted, or inflicted physical harm on himself or herself or another and that 26
330	330	unless committed is likely to inflict physical harm on himself or herself or another; or (2) will 27
331	331	continue to suffer abnormal mental, emotional, or physical distress, will continue to deteriorate in 28
332	332	ability to function independently if not treated, and is unable to make a rational and informed choice 29
333	333	as to whether or not to submit to treatment, and as a result, poses a danger to himself or herself. 30
334	334	Evidence that the person has had numerous short-term, involuntary admissions to a treatment 31
335	335	facility shall be considered by the court in making a decision pursuant to this chapter. The petition 32
336	336	shall be accompanied by a certificate of a licensed physician who has examined the person within 33
337	337	three (3) days before submission of the petition, unless the person whose commitment is sought 34
338	338
339	339
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341	341	has refused to submit to a medical examination, in which case the fact of refusal shall be alleged in 1
342	342	the petition. The certificate shall set forth the physician’s findings in support of the allegations of 2
343	343	the petition. 3
344	344	(b) Upon filing the petition, the court shall fix a date for a hearing no later than ten (10) 4
345	345	days after the date the petition was filed. A copy of the petition and of the notice of the hearing, 5
346	346	including the date fixed by the court, shall be served on the petitioner, the person whose 6
347	347	commitment is sought, his or her next-of-kin other than the petitioner, a parent or his or her legal 7
348	348	guardian if he or she is a minor, the administrator in charge of the approved public treatment facility 8
349	349	to which he or she has been committed for emergency care, and any other person the court believes 9
350	350	advisable. A copy of the petition and certificate shall be delivered to each person notified. 10
351	351	(c) At the hearing the court shall hear all relevant testimony, including, if possible, the 11
352	352	testimony of at least one licensed physician who has examined the person whose commitment is 12
353	353	sought. The person shall be present unless the court believes that his or her presence is likely to be 13
354	354	injurious to him or her; in this event the court shall appoint a guardian ad litem to represent him or 14
355	355	her throughout the proceeding. The court shall examine the person in open court, or if advisable 15
356	356	shall examine the person out of court. If the person has refused to be examined by a licensed 16
357	357	physician, he or she shall be given an opportunity to be examined by a court-appointed licensed 17
358	358	physician. If he or she refuses and there is sufficient evidence to believe that the allegations of the 18
359	359	petition are true, or if the court believes that more medical evidence is necessary, the court may 19
360	360	make a temporary order committing him or her to the division for a period of not more than five 20
361	361	(5) days for purposes of a diagnostic examination. 21
362	362	(d) If after hearing all relevant evidence, including the results of any diagnostic 22
363	363	examination by the department, the court finds that grounds for involuntary commitment have been 23
364	364	established by clear and convincing proof, it shall make an order of commitment to the department. 24
365	365	It may not order commitment of a person unless it determines that the department is able to provide 25
366	366	adequate and appropriate treatment for him or her and the treatment is likely to be beneficial. 26
367	367	(e) A person committed under this section shall remain in the custody of the department 27
368	368	for treatment for a period of thirty (30) days unless sooner discharged. At the end of the thirty (30) 28
369	369	day period, he or she shall be discharged automatically unless the department before the expiration 29
370	370	of the period obtains a court order for his or her recommitment upon the grounds set forth in 30
371	371	subsection (a) for a further period of ninety (90) days unless sooner discharged. If a person has 31
372	372	been committed because he or she is an alcoholic likely to inflict physical harm on himself or 32
373	373	herself or another, the department shall apply for recommitment if after examination it is 33
374	374	determined that the likelihood still exists. 34
375	375
376	376
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378	378	(f) A person recommitted under subsection (a) who has not been discharged by the 1
379	379	department before the end of the ninety (90) day period shall be discharged at the expiration of that 2
380	380	period unless the department, before the expiration of the period, obtains a court order on the 3
381	381	grounds set forth in subsection (a) for recommitment for a further period not to exceed ninety (90) 4
382	382	days. If a person has been committed because he or she is an alcoholic likely to inflict physical 5
383	383	harm on himself or herself or another, the department shall apply for recommitment if after 6
384	384	examination it is determined that the likelihood still exists. Only two (2) recommitment orders 7
385	385	under subsection (e) and (f) shall be permitted. 8
386	386	(g) Upon the filing of a petition for recommitment under subsection (e) or (f), the court 9
387	387	shall fix a date for a hearing no later than ten (10) days after the date the petition was filed. A copy 10
388	388	of the petition and of the notice of the hearing, including the date fixed by the court, shall be served 11
389	389	on the petitioner, the person whose commitment is sought, his or her next-of-kin other than the 12
390	390	petitioner, the original petitioner under subsection (a) if different from the petitioner for 13
391	391	recommitment, one of his or her parents or his or her legal guardian if he or she is a minor, and any 14
392	392	other person the court believes advisable. At the hearing the court shall proceed as provided in 15
393	393	subsection (c). 16
394	394	(h) The department shall provide for adequate and appropriate treatment of a person 17
395	395	committed to its custody. The department may transfer any person committed to its custody from 18
396	396	one approved public treatment facility to another if transfer is medically advisable. 19
397	397	(i) A person committed to the custody of the department for treatment shall be discharged 20
398	398	at any time before the end of the period for which he or she has been committed if either of the 21
399	399	following conditions is met: 22
400	400	(1) In case of an alcoholic committed on the grounds of likelihood of infliction of physical 23
401	401	harm upon himself or herself or another, that he or she is no longer an alcoholic or the likelihood 24
402	402	no longer exists; or 25
403	403	(2) In case of an alcoholic committed on the grounds of the need of treatment, deterioration, 26
404	404	inability to function, or the fact that he or she is a danger to himself or herself, that the deterioration 27
405	405	no longer exists, that he or she is no longer a danger to himself or herself, that he or she is able to 28
406	406	function, that further treatment will not be likely to bring about significant improvement in the 29
407	407	person’s condition, or treatment is no longer adequate or appropriate. 30
408	408	(j) The court shall inform the person whose commitment or recommitment is sought of his 31
409	409	or her right to contest the application, be represented by counsel at every stage of any proceedings 32
410	410	relating to his or her commitment and recommitment, and have counsel appointed by the court or 33
411	411	provided by the court if he or she wants the assistance of counsel and is unable to obtain counsel. 34
412	412
413	413
414	414	LC001489 - Page 12 of 21
415	415	If the court believes that the person needs the assistance of counsel, the court shall require, by 1
416	416	appointment if necessary, counsel for him or her regardless of his or her wishes. The person whose 2
417	417	commitment or recommitment is sought shall be informed of his or her right to be examined by a 3
418	418	licensed physician of his or her choice. If the person is unable to obtain a licensed physician and 4
419	419	requests examination by a physician, the court shall employ a licensed physician. 5
420	420	(k) If a private treatment facility agrees with the request of a competent patient or his or 6
421	421	her parent, sibling, adult child, or guardian to accept the patient for treatment, the administrator of 7
422	422	the public treatment facility shall transfer him or her to the private treatment facility. 8
423	423	(l) A person committed under this chapter may at any time seek to be discharged from 9
424	424	commitment by writ of habeas corpus. 10
425	425	(m)(1) Any aggrieved party may appeal to the superior court from a judgment of the district 11
426	426	court by claiming the appeal in writing filed with the clerk within forty-eight (48) hours, exclusive 12
427	427	of Sundays and legal holidays, after the judgment is entered. 13
428	428	(2) All court actions shall be heard within fourteen (14) days after the appeal and shall have 14
429	429	precedence on the calendar and shall continue to have precedence on the calendar on a day-to-day 15
430	430	basis until the matter is heard. 16
431	431	23-1.10-13. Confidentiality of records — Availability for research. 17
432	432	(a) The registration and other records of treatment facilities shall remain confidential and 18
433	433	are privileged to the patient. 19
434	434	(b) Notwithstanding subsection (a), the director may make available information from 20
435	435	patients’ records for purposes of research into the causes and treatment of alcoholism. Information 21
436	436	under this subsection shall not be published in a way that discloses patients’ names or other 22
437	437	identifying information. 23
438	438	23-1.10-14. Visitation rights — Mail and other communications. 24
439	439	(a) Subject to reasonable rules regarding hours of visitation which the director may adopt, 25
440	440	patients in any approved treatment facility shall be granted opportunities for adequate consultation 26
441	441	with counsel, and for continuing contact with family and friends consistent with an effective 27
442	442	treatment program. 28
443	443	(b) Neither mail nor other communication to or from a patient in any approved treatment 29
444	444	facility may be intercepted, read, or censored. The director may adopt reasonable rules regarding 30
445	445	the use of telephone by patients in approved treatment facilities. 31
446	446	23-1.10-15. Payment for treatment. 32
447	447	(a) If treatment is provided by an approved public treatment facility and the patient has not 33
448	448	paid the charge for that treatment, the department is entitled to any payment: 34
449	449
450	450
451	451	LC001489 - Page 13 of 21
452	452	(1) Received by the patient or to which he or she may be entitled because of the services 1
453	453	rendered; and 2
454	454	(2) From any public or private source available to the department because of the treatment 3
455	455	provided to the patient. 4
456	456	(b) A patient in an approved treatment facility, or the estate of the patient, or a person 5
457	457	obligated to provide for the cost of treatment and having sufficient financial ability, is liable to the 6
458	458	division for cost of maintenance and treatment of the patient in an approved treatment facility in 7
459	459	accordance with established rates. 8
460	460	(c) The director shall adopt rules governing financial ability that take into consideration the 9
461	461	income, savings, and other personal and real property of the person required to pay, and any support 10
462	462	being furnished by him or her to any person he or she is required by law to support. 11
463	463	23-1.10-16. Limits on application of laws punishing intoxication. 12
464	464	(a) Neither the state, municipality, nor other political subdivision of the state or 13
465	465	municipality may adopt or enforce a law, ordinance, resolution, or rule having the force of law that 14
466	466	includes drinking, being a common drunkard, or being found in an intoxicated condition as one of 15
467	467	the elements of the offense giving rise to a criminal or civil penalty or sanction. 16
468	468	(b) Neither the state, municipality, nor other political subdivision of the state or 17
469	469	municipality shall interpret or apply any law of general application to circumvent the provision of 18
470	470	subsection (a). 19
471	471	(c) Nothing in this chapter affects any law, ordinance, resolution, or rule against drunken 20
472	472	driving, driving under the influence of alcohol, or other similar offense involving the operation of 21
473	473	a vehicle, aircraft, boat, machinery, or other equipment, or regarding the sale, purchase, dispensing, 22
474	474	possessing, or use of alcoholic beverages at stated time and places or by a particular class of 23
475	475	persons. 24
476	476	23-1.10-17. Severability. 25
477	477	If any provision of this chapter or the application of that provision to any person or 26
478	478	circumstance is held invalid, the invalidity does not affect other provisions or applications of the 27
479	479	chapter which can be given effect without the invalid provision or application, and to this end the 28
480	480	provisions of this chapter are severable. 29
481	481	23-1.10-18. Application of Administrative Procedures Act. 30
482	482	Except as otherwise provided in this chapter, the state Administrative Procedures Act, 31
483	483	chapter 35 of title 42, applies to and governs all administrative action taken by the director. 32
484	484	23-1.10-19. Rules and regulations. 33
485	485	All rules and regulations promulgated in accordance with the provisions of this chapter 34
486	486
487	487
488	488	LC001489 - Page 14 of 21
489	489	shall be adopted in accordance with the procedures specified in chapter 35 of title 42, the 1
490	490	Administrative Procedures Act. 2
491	491	23-1.10-20. Pilot alternative program established. 3
492	492	(a) There is hereby created a program for individuals impaired by substance abuse related 4
493	493	issues, as an alternative treatment/referral service to the emergency room department, to foster their 5
494	494	entry into a continuum of care for treatment and recovery. This pilot program shall be an addition 6
495	495	and shall not alter the comprehensive and coordinated program for the treatment of alcoholics and 7
496	496	intoxicated persons as set forth in § 23-1.10-6. 8
497	497	(b) As used in this section, the following words and terms shall have the following 9
498	498	meanings: 10
499	499	(1) “Department” means the Rhode Island department of behavioral healthcare, 11
500	500	developmental disabilities and hospitals. 12
501	501	(2) “Pilot program” means the program described in this section. The pilot program shall 13
502	502	not be subject to subsections 23-1.10-10(a), (b), (c) and (d). 14
503	503	(3) “Substance abuse related issues” means any of the symptoms that are caused by either 15
504	504	active substance use, substance abuse/dependence or a combination of both. 16
505	505	(c) No later than December 31, 2012, and subject to approval of the Rhode Island executive 17
506	506	office of health and human services, the department shall present a proposal to the governor and 18
507	507	general assembly to expand existing service(s), that shall result in services described in subsection 19
508	508	(a) available twenty-four (24) hours a day, seven (7) days a week to implement the pilot program. 20
509	509	(d) Subject to approval from the governor and general assembly and the receipt of required 21
510	510	funds, the director shall commence the implementation of the pilot program. 22
511	511	(e) The director may adopt such rules and regulations governing the management of the 23
512	512	pilot program as he/she deems necessary to carry out the provisions of this section. 24
513	513	(f) The pilot program shall have a duration of three (3) years, commencing on the date that 25
514	514	the first licensed facility becomes operational. 26
515	515	(g) The department shall provide an annual report of its findings and recommendations to 27
516	516	the general assembly and governor no later than January 31 of each year beginning in 2014. 28
517	517	(h) After three (3) years of operations, the department shall provide an analysis 29
518	518	demonstrating outcomes related to the pilot program to the general assembly and governor. 30
519	519	SECTION 2. Chapter 23-10.1 of the General Laws entitled "Emergency Commitment for 31
520	520	Drug Intoxication" is hereby repealed in its entirety. 32
521	521	CHAPTER 23-10.1 33
522	522	Emergency Commitment for Drug Intoxication 34
523	523
524	524
525	525	LC001489 - Page 15 of 21
526	526	23-10.1-1. Short title. 1
527	527	This chapter shall be known as the “Emergency Commitment for Drug Intoxication Law”. 2
528	528	23-10.1-2. Definitions. 3
529	529	Whenever used in this chapter, or in any order, rule, or regulation made or promulgated 4
530	530	pursuant to this chapter, or in any printed forms prepared by the department or the director, unless 5
531	531	otherwise expressly stated, or unless the context or subject matter otherwise requires: 6
532	532	(1) “Approved public treatment facility” means a treatment agency operating under the 7
533	533	direction and control of the department or providing treatment under this chapter through a contract 8
534	534	with the department. 9
535	535	(2) “Department” means the state department of behavioral healthcare, developmental 10
536	536	disabilities and hospitals. 11
537	537	(3) “Director” means the director of the state department of behavioral healthcare, 12
538	538	developmental disabilities and hospitals. 13
539	539	(4) “Drug intoxication” means an altered physiological substance or psychoactive 14
540	540	substances, in which normal functioning is seriously impeded. 15
541	541	(5) “Likely to injure him or herself or others” means: 16
542	542	(i) A substantial risk of physical harm to himself or herself as manifested by behavior 17
543	543	evidencing serious threats of, or attempts at, suicide or by behavior which will result in serious 18
544	544	bodily harm; or 19
545	545	(ii) A substantial risk of physical harm to other persons as manifested by behavior or threats 20
546	546	evidencing homicidal or other violent behavior. 21
547	547	(6) “Physician” means a person duly licensed to practice medicine or osteopathy in this 22
548	548	state. 23
549	549	(7) “Psychoactive substance” means a drug that affects the central nervous system and 24
550	550	alters mood, perception, and/or consciousness. 25
551	551	23-10.1-3. General powers and duties. 26
552	552	(a) The department is charged with the execution of the laws relating to the emergency 27
553	553	admission and custody of drug intoxicated individuals. 28
554	554	(b) The department may adopt rules and regulations that it may deem necessary to carry 29
555	555	out the provisions of this chapter to insure the safety and promote the welfare of individua ls 30
556	556	committed to its custody pursuant to this chapter. 31
557	557	23-10.1-4. Emergency commitment. 32
558	558	(a) Any police officer may take an individual into protective custody and transport him or 33
559	559	her to the emergency room of any hospital if the officer has reason to believe that: 34
560	560
561	561
562	562	LC001489 - Page 16 of 21
563	563	(1) The individual is intoxicated by drugs other than alcohol and as a result is likely to 1
564	564	injure him or herself or others if allowed to be at liberty pending examination by a licensed 2
565	565	physician; or 3
566	566	(2) The individual is in need of immediate assistance due to the use of drugs and requests 4
567	567	the assistance. 5
568	568	(b) A physician in charge of an emergency room of a hospital shall determine if any 6
569	569	individual brought into the emergency room by a police officer, family member, or other interested 7
570	570	person, requires emergency medical treatment for his or her condition or if the individual is 8
571	571	appropriate for emergency commitment to an approved public treatment facility by reason of the 9
572	572	grounds stated in this section. 10
573	573	(c) If a physician determines, upon examination, that an individual is medically stable and 11
574	574	appropriate for emergency commitment to an approved public treatment facility, he or she shall 12
575	575	make application for the individual’s admission to the approved public treatment facility. 13
576	576	(d) The application for admission shall state the circumstances under which an individual 14
577	577	was taken into custody, brought to the emergency room, or brought to an approved public treatment 15
578	578	facility and the reason for the physician’s determination that the individual needs emergency 16
579	579	commitment for drug intoxication. 17
580	580	(e) Upon the request of any physician making application in writing under this section, it 18
581	581	shall be the duty of any police department of this state or any governmental subdivision of this state 19
582	582	to whom the request is made, to take into custody and transport the individual to the designated 20
583	583	approved public treatment facility. 21
584	584	23-10.1-5. Period of treatment. 22
585	585	An individual admitted to an approved public treatment facility pursuant to this chapter 23
586	586	shall be held for a minimum of twenty-four (24) hours for evaluation, and shall be discharged no 24
587	587	later than five (5) days measured from the date of his or her admission. 25
588	588	23-10.1-6. Criminal law limitations. 26
589	589	Nothing in this chapter affects any law, ordinance, or resolution against driving under the 27
590	590	influence of drugs, or other similar offense involving the operation of a vehicle, aircraft, boat, 28
591	591	machinery, or other equipment, or regarding the sale, purchase, dispensing, possessing, or use of 29
592	592	drugs. 30
593	593	SECTION 3. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 31
594	594	amended by adding thereto the following chapter: 32
595	595	CHAPTER 1.12 33
596	596	COMMITTMENT OF ALCOHOLICS OR SUBSTANCE ABUSERS 34
597	597
598	598
599	599	LC001489 - Page 17 of 21
600	600	23-1.12-1. Definitions. 1
601	601	For the purposes of this chapter the following terms shall, unless the context clearly 2
602	602	requires otherwise, have the following meanings: 3
603	603	(1) "Alcohol use disorder'' means the chronic or habitual consumption of alcoholic 4
604	604	beverages by a person to the extent that: 5
605	605	(i) Such use substantially injures the person's health or substantially interferes with the 6
606	606	person's social or economic functioning; or 7
607	607	(ii) The person has lost the power of self-control over the use of such beverages. 8
608	608	(2) ''Facility'' means a public or private facility that provides care and treatment for a person 9
609	609	with an alcohol or substance use disorder. 10
610	610	(3) ''Substance use disorder'' means the chronic or habitual consumption or ingestion of 11
611	611	controlled substances or intentional inhalation of toxic vapors by a person to the extent that: 12
612	612	(i) Such use substantially injures the person's health or substantially interferes with the 13
613	613	person's social or economic functioning; or 14
614	614	(ii) The person has lost the power of self-control over the use of such controlled substances 15
615	615	or toxic vapors. 16
616	616	23-1.12-2. District court petition. 17
617	617	(a) Any police officer, physician, spouse, blood relative, guardian or court official may 18
618	618	petition in writing any district court or family court for an order of commitment of a person whom 19
619	619	they have reason to believe has an alcohol or substance use disorder. Upon receipt of a petition for 20
620	620	an order of commitment of a person and any sworn statements the court may request from the 21
621	621	petitioner, the court shall immediately schedule a hearing on the petition and shall cause a summons 22
622	622	and a copy of the application to be served upon the respondent. In the event of the respondent's 23
623	623	failure to appear at the time summoned, the court may issue a warrant for the respondent's arrest. 24
624	624	(b) Upon presentation of such a petition and sworn to affidavits, if there are reasonable 25
625	625	grounds to believe that such person will not appear and that any further delay in the proceedings 26
626	626	would present an immediate danger to the physical well-being of the respondent, said court may 27
627	627	issue a warrant for the apprehension and appearance of such person before it. If such person is not 28
628	628	immediately presented before a judge of the district court, the warrant shall continue day after day 29
629	629	for up to five (5) consecutive days, excluding Saturdays, Sundays and legal holidays, or until such 30
630	630	time as the person is presented to the court, whichever is sooner; provided, however, that an arrest 31
631	631	on such warrant shall not be made unless the person may be presented immediately before a judge 32
632	632	of the district court. 33
633	633	(c) The person shall have the right to be represented by legal counsel and may present 34
634	634
635	635
636	636	LC001489 - Page 18 of 21
637	637	independent expert or other testimony. If the court finds the person indigent, it shall immediately 1
638	638	appoint counsel. The court shall order examination by a qualified physician, a qualified 2
639	639	psychologist or a qualified social worker. 3
640	640	23-1.12-3. District court hearing and placement process. 4
641	641	(a) If, after a hearing, which shall include expert testimony and may include other evidence, 5
642	642	the court finds that such person is an individual with an alcohol or substance use disorder and there 6
643	643	is a likelihood of serious harm as a result of the person's alcohol or substance use disorder, the court 7
644	644	may order such person to be committed for a period not to exceed ninety (90) days to a facility 8
645	645	designated by the department of behavioral healthcare, developmental disabilities and hospitals 9
646	646	(BHDDH), followed by the availability of case management services provided by BHDDH for up 10
647	647	to one year; provided that, a review of the necessity of the commitment shall take place by the 11
648	648	facility administrator on days thirty (30), forty-five (45), sixty (60) and seventy-five (75), as long 12
649	649	as the commitment continues. A person so committed may be released prior to the expiration of the 13
650	650	period of commitment, upon written determination by the administrator of the facility that release 14
651	651	of that person will not result in a likelihood of serious harm; provided that, the administrator shall 15
652	652	provide timely notification to the committing court and, if consent is obtained from the committed 16
653	653	person, to the petitioner; provided further, that the administrator shall request such consent from 17
654	654	all committed persons. Such commitment shall be for the purpose of inpatient care for the treatment 18
655	655	of an alcohol or substance use disorder in a facility licensed or approved by BHDDH. Subsequent 19
656	656	to the issuance of a commitment order, the administrator of a facility may authorize the transfer of 20
657	657	a patient to a different facility for continuing treatment; provided that, the administrator shall 21
658	658	provide timely notification of the transfer to the committing court and, if consent is obtained from 22
659	659	the committed person, to the petitioner; provided further, that the administrator shall request such 23
660	660	consent from all committed persons. 24
661	661	(b) If BHDDH informs the court that there are no suitable facilities available for treatment 25
662	662	licensed or approved by BHDDH, or if the court makes a specific finding that the only appropriate 26
663	663	setting for treatment for the person is a secure facility, then the person may be committed to: 27
664	664	(i) A secure facility for women approved by BHDDH, if a female; or 28
665	665	(ii) The adult correctional institutions or other such facility as designated by the director of 29
666	666	the department of corrections, if a male; provided, however, that any person so committed shall be 30
667	667	housed and treated separately from persons currently serving a criminal sentence. The person shall, 31
668	668	upon release, be encouraged to consent to further treatment and shall be allowed voluntarily to 32
669	669	remain in the facility for such purpose. BHDDH shall maintain a roster of public and private 33
670	670	facilities available, together with the number of beds currently available and the level of security at 34
671	671
672	672
673	673	LC001489 - Page 19 of 21
674	674	each facility, for the care and treatment of alcohol use disorder and substance use disorder and shall 1
675	675	make the roster available to the committing court. 2
676	676	(c) Annually, not later than February 1, the director of the department of corrections shall 3
677	677	report on whether a facility other than the adult correctional institutions, is being used for treatment 4
678	678	of males and the number of persons so committed to such facility in the previous year. The report 5
679	679	shall be provided to the president of the senate and the speaker of the house of representatives. 6
680	680	Nothing in this section shall preclude a facility, including the adult correctional institutions or such 7
681	681	other facility, as may be designated by the director of the department of corrections, from treating 8
682	682	persons on a voluntary basis. 9
683	683	(d) The court, in its order, shall specify whether such commitment is based upon a finding 10
684	684	that the person is a person with an alcohol use disorder, substance use disorder, or both. The court, 11
685	685	upon ordering the commitment of a person found to be a person with an alcohol use disorder or 12
686	686	substance use disorder pursuant to this chapter, shall transmit the person's name and nonclinical 13
687	687	identifying information, including the person's social security number and date of birth, to the 14
688	688	department of the attorney general. The court shall notify the person that such person is prohibited 15
689	689	from being issued a firearm license or a license to carry a concealed weapon unless a petition for 16
690	690	relief pursuant to this section is subsequently granted. 17
691	691	(e)(1) After five (5) years from the date of commitment, a person found to be a person with 18
692	692	an alcohol use disorder or substance use disorder and committed pursuant to this chapter may file 19
693	693	a petition for relief with the court that ordered the commitment requesting that the court restore the 20
694	694	person's ability to possess a firearm, rifle or shotgun. The court may grant the relief sought in 21
695	695	accordance with the principles of due process if the circumstances regarding the person's 22
696	696	disqualifying condition and the person's record and reputation are determined to be such that: 23
697	697	(i) The person is not likely to act in a manner that is dangerous to public safety; and 24
698	698	(ii) The granting of relief would not be contrary to the public interest. 25
699	699	(2) In making the determination, the court may consider evidence from a licensed physician 26
700	700	or clinical psychologist that the person is no longer suffering from the disease or condition that 27
701	701	caused the disability or that the disease or condition has been successfully treated for a period of 28
702	702	three (3) consecutive years. 29
703	703	(f) A facility used for commitment under this section for a person found to be a person with 30
704	704	a substance use disorder shall maintain or provide for the capacity to possess, dispense and 31
705	705	administer all drugs approved by the federal Food and Drug Administration for use in opioid 32
706	706	agonist treatment, including partial agonist treatment, and opioid antagonist treatment for opioid 33
707	707	use disorder and shall make such treatment available to any person for whom such treatment is 34
708	708
709	709
710	710	LC001489 - Page 20 of 21
711	711	medically appropriate. 1
712	712	(g) If the court grants a petition for relief pursuant to this section, the clerk shall provide 2
713	713	notice immediately by forwarding a certified copy of the order for relief to the department of the 3
714	714	attorney general, who shall transmit the order to the Department of Justice and/or the Federal 4
715	715	Bureau of Investigation of the United States to be included in the National Instant Criminal 5
716	716	Background Check System. 6
717	717	(h) A person whose petition for relief is denied may appeal to the superior court for a de 7
718	718	novo review of the denial. 8
719	719	SECTION 4. This act shall take effect upon passage. 9
720	720	========
721	721	LC001489
722	722	========
723	723
724	724
725	725	LC001489 - Page 21 of 21
726	726	EXPLANATION
727	727	BY THE LEGISLATIVE COUNCIL
728	728	OF
729	729	A N A C T
730	730	RELATING TO HEALTH AND SAFETY -- COMMITMENT OF ALCOHO LICS OR
731	731	SUBSTANCE ABUSERS
732	732	***
733	733	This act would create a uniform process to address the issue of court ordered commitment 1
734	734	for both alcoholics and substance abusers. 2
735	735	This act would take effect upon passage. 3
736	736	========
737	737	LC001489
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