Title 34 — PUBLIC HEALTH AND SAFETY

The department shall establish reasonable standards and requirements for accredited prevention or treatment facilities. The department may fix the fees to be charged by the department for the required inspections. The department shall promulgate rules, pursuant to chapter 1-26 , …

34-20A-3.1

34-20A-3.2 Repealed by SL 2012, ch 150 , § 22. 34-20A-4 34-20A-4 , 34-20A-5. Superseded. 34-20A-6 Repealed by SL 2012, ch 150 , § 23. 34-20A-7 34-20A-7 , 34-20A-8. Repealed by SL 1985, ch 278 , §§ 5, 6. 34-20A-9 Repealed by SL 2012, ch 150 , §§ 24, 25. 34-20A-11

34-20A-4, 34-20A-5. Superseded.

34-20A-33. Repealed by SL 1985, ch 278 , § 30.

34-20A-34 Real property acquisition and provision of facilities. 34-20A-35 Repealed by SL 2012, ch 150 , §§ 38 to 40. 34-20A-38 34-20A-38 , 34-20A-39. Repealed by SL 1985, ch 278 , §§ 35, 36. 34-20A-40 Repealed. 34-20A-41 34-20A-41 to 34-20A-43. Repealed by SL 1985, ch 278 , §§ 3…

The department may acquire, hold, or dispose of real property or any interest in real property, and construct, lease, or otherwise provide facilities for the prevention of alcohol and drug abuse and facilities for the treatment of those persons suffering from alcohol and drug abu…

Source: SL 1974, ch 240 , § 18; SL 2023, ch 94 , § 19. 34-20A-41 to 34-20A-43. Repealed by SL 1985, ch 278 , §§ 37 to 39.

The department shall inspect accredited prevention or treatment facilities to ensure compliance with this chapter. For purposes of inspection, the department shall have access to the facility and its records at reasonable times and in a reasonable manner. This section does not ap…

The department retains the right of access to all facility premises and relevant records to monitor compliance or investigate complaints brought against an accredited prevention or treatment facility that is not required to be inspected by the department under §

34-20A-46 Repealed by SL 2012, ch 150 , §§ 41 to 43. 34-20A-49

34-20A-50 Application for voluntary treatment by minor or incompetent. 34-20A-51 Determination of admission for treatment--Referral to other facilities. 34-20A-52 34-20A-52 , 34-20A-53. Repealed by SL 1985, ch 278 , §§ 48, 49. 34-20A-54

If a person suffering from alcohol or drug abuse is a minor or an incompetent person, he, a parent, a guardian, or other legal representative may make application to an accredited facility for voluntary treatment. Source: SL 1974, ch 240 , § 9 (a); SL 1985, ch 278 , § 46; SL 1993…

Subject to rules adopted by the department, the administrator in charge of an accredited treatment facility may determine who is admitted for treatment. If a person is refused admission to the facility, the administrator, subject to rules adopted by the department, shall refer th…

34-20A-55 Protective custody of intoxicated or incapacitated person--Emergency detainment. 34-20A-56 Protective custody procedure--Duty of detaining officer--No arrest or record. 34-20A-57 Law enforcement authorities not criminally or civilly liable for protective custody actions…

Any person who appears to be intoxicated or incapacitated by the effects of alcohol or drugs and is clearly dangerous to the health and safety of oneself or others may be taken into protective custody by law enforcement authorities, acting with probable cause. If the person is ta…

Any law enforcement officer, in detaining a person pursuant to § 34-20A-55 and in taking the person to an approved treatment facility for emergency detainment, is taking the person into protective custody and shall make every reasonable effort to protect the person's health and s…

Law enforcement authorities who act in compliance with §§ 34-20A-55 , 34-20A-56 , and 34-20A-66 are acting in the course of their official duty and are not criminally or civilly liable therefor. Source: SL 1974, ch 240 , § 10 (g); SL 1986, ch 283 , § 1; SL 2022, ch 108 , § 4. 34-…

34-20A-7, 34-20A-8. Repealed by SL 1985, ch 278 , §§ 5, 6. 34-20A-9 , 34-20A-10. Repealed by SL 2012, ch 150 , §§ 24, 25. 34-20A-11. Repealed by SL 1985, ch 278 , § 9. 34-20A-12 to 34-20A-14. Repealed by SL 2012, ch 150 , §§ 26 to 28. 34-20A-15. Repealed by SL 1985, ch 278 , § 13…

An intoxicated person, or a person receiving treatment for withdrawal management, may be detained in an approved treatment facility for emergency treatment if the person: (1) Has threatened, attempted, or inflicted physical harm on oneself or on another or is likely to inflict ph…

Any law enforcement officer, physician, spouse, guardian, or relative of the person to be detained, or any other responsible person, may make a written application for detainment under § 34-20A-63 , directed to the administrator of the approved treatment facility. The application…

If any person taken into protective custody, pursuant to § 34-20A-55 , or under emergency detainment pursuant to § 34-20A-64 , is disruptive beyond the ability of the facility to control the person's behavior, or leaves without staff approval, the facility administrator, or an au…

The administrator of an approved treatment facility or an authorized designee shall refuse an application if the application fails to sustain the grounds for emergency detainment set forth in §

Upon approval of the application by the administrator of the approved treatment facility or an authorized designee, the person shall be retained or brought to the facility by a law enforcement officer or any other interested person. A law enforcement officer must only transport t…

Payment for treatment under emergency detainment, or under protective custody pursuant to § 34-20A-55 if emergency detainment is not required, may be assessed to the individual, to a legally responsible relative or guardian, to the county of residence if indigent, or billed to th…

A copy of the written application for detainment and a written explanation of the person's right to counsel must be given to the person within twenty - four hours after detainment by the administrator, who shall provide a reasonable opportunity for the person to consult counsel. …

If, after the person detained under § 34-20A-63 completes treatment, the administrator or an authorized designee determines that the grounds for emergency detainment no longer exist, the facility shall discharge the person, unless a petition for involuntary commitment under § 34-…

No person detained under § 34-20A-63 may be detained in any treatment facility for more than five days, excluding Saturdays, Sundays, and legal holidays, except as follows. If a petition for involuntary commitment under § 34-20A-70 has been filed within the five days, excluding S…

Personnel operating accredited treatment facilities who act in compliance with their duties as set forth in this chapter are not criminally or civilly liable therefor. Source: SL 1976, ch 217 , § 1; SL 1985, ch 277 , § 21.

A person may be committed by the circuit court upon the petition of the person's spouse or guardian, a relative, a physician, the administrator of any approved treatment facility, or any other responsible person. Any person applying for commitment shall do so to the circuit court…

In any proceedings for involuntary commitment or detention, or any proceeding challenging such commitment or detention, the attorney appointed by the circuit court judge to represent the petitioner, shall represent the individuals or agencies petitioning for commitment or detenti…

Any application for emergency detainment, petition for commitment, application for commitment, order for a court-appointed examination, or written report to the circuit court must be sealed and may not be used for the purpose of enforcing the provisions of chapter 22-42 and chapt…

If the person whose commitment is sought is not being detained in a facility under § 34-20A-63 , a request for an examination of the person by a licensed physician or addiction counselor must be filed with the court. The court may order an examination of the person by a licensed …

34-20A-72 Certificate of physician or addiction counselor--Refusal of examination--Employing facility ineligible to provide treatment--Exception. 34-20A-73 Hearing on petition--Service--Right to be represented. 34-20A-74 Presence in court of person or guardian ad litem--Examinati…

A petition filed under § 34-20A-70 for a person who is detained under § 34-20A-63 must be accompanied by a certificate of a licensed physician or an addiction counselor who has examined the person within five days before submission of the petition, unless the person has refused t…

Upon filing of a petition under § 34-20A-70 , the court shall fix a date for a hearing no later than ten days, excluding Saturdays, Sundays, and legal holidays, after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixe…

The person shall be present unless the court believes that his presence is likely to be injurious to him; in this event the court shall appoint a guardian ad litem to represent him throughout the proceeding. The court shall examine the person in open court, or if advisable, shall…

At the hearing the court shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician or one addiction counselor who has examined the person whose commitment is sought. Source: SL 1974, ch 240 , § 12 (c); SL 1985, ch 277 , § 25; SL 2…

If the person has refused to be examined by a licensed physician or an addiction counselor, the person shall be given an opportunity to be examined by a court-appointed licensed physician or addiction counselor. If the person refuses, or there is sufficient evidence to believe th…

A licensed physician or addiction counselor appointed by the court to examine and assess a person for the purposes of involuntary commitment shall be paid by the county where the hearing and commitment proceedings take place. The physician or addiction counselor shall be compensa…

If after hearing all relevant evidence, including the results of any diagnostic examination, the court finds that grounds for involuntary commitment have been established by clear and convincing proof, it shall make an order of commitment to any appropriate accredited treatment f…

If it is shown to the satisfaction of the court that a committed person may not at once be admitted to the designated facility, and may not with safety, be allowed to go at liberty, the court shall require that the patient be provided for until admission can be accomplished, or u…

The administrator of the facility to which the person was committed, or an authorized designee, may transfer any person committed to its custody from one accredited treatment facility to another if transfer is advisable based on the committed person's treatment needs. A written r…

An accredited treatment facility may refuse a request of a competent patient, spouse, parent, sibling, adult child, or guardian to accept the patient for commitment to treatment. Source: SL 1974, ch 240 , § 12 (k); SL 1985, ch 277 , § 29.

A person committed for treatment shall be discharged at any time before the end of the period for which he has been committed if either of the following conditions is met: (1) In case of commitment on the grounds of likelihood of infliction of physical harm upon himself or anothe…

Any person committed under § 34-20A-70 shall remain in for treatment for a period not to exceed ninety days unless sooner discharged. At the end of the ninety - day period, he shall be discharged automatically unless the administrator or an authorized designee of the facility to …

A person recommitted under § 34-20A-81 who has not been discharged before the end of the ninety - day period shall be automatically discharged at the expiration of that period unless the administrator, or an authorized designee of the facility to which the patient is committed pr…

Only two recommitment orders under §§ 34-20A-81 and 34-20A-82 are permitted. Source: SL 1974, ch 240 , § 12 (f).

Upon the filing of a petition for recommitment under § 34-20A-81 or 34-20A-82 , the court shall fix a date for hearing no later than ten days, excluding Saturdays, Sundays, or legal holidays, after the date the petition was filed. A copy of the petition and of the notice of heari…

The court shall inform the person whose commitment or recommitment is sought of his right to contest the application, be represented by counsel at every stage of any proceedings relating to his commitment and recommitment, and have counsel appointed by the court or provided by th…