New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter X - Alcoholism
Part 304 - Designation Of Emergency Care Services For Intoxicated Persons And Persons Incapacitated By Alcohol
Section 304.2 - Definitions

Current through Register Vol. 46, No. 12, March 20, 2024

As used in this Part, the terms below shall have the following meanings:

(a) Director. The director of the New York State Division of Alcoholism and Alcohol Abuse.

(b) Director of community services. A person who is the chief executive officer of a local governmental unit by whatever title known, as provided in article 41 of the Mental Hygiene Law.

(c) Division. The New York State Division of Alcoholism and Alcohol Abuse.

(d) Incapacitated by alcohol. Any person who, as a result of the use of alcohol, is unconscious or has his or her judgment so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment.

(e) Intoxicated person. A person whose mental or physical functioning is substantially impaired as a result of the presence of alcohol in his or her body.

(f) Emergency care services. Programs or services which have been established to provide safe, secure environments, care and observation of intoxicated persons. Emergency care services include, but are not limited to, alcohol crisis centers. No alcohol crisis center may operate without the prior approval and certification of the commissioner pursuant to Part 366 of this Title.

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