13-003 Code Vt. R. 13-100-003-X
The Office of Alcohol and Drug Abuse Programs of the Agency of Human Services is designated the responsibility to carry out the legislative mandate and to adopt rules and standards for the provision of services to persons incapacitated from the abuse of alcohol. To carry out this responsibility the Office sets forth the rules contained herein, under the authority of Chapter 213 of Title 18, VSA and pursuant to Chapter 25 of Title 3, VSA.
Current statutes ( 18 VSA 9144) provide that when a law enforcement officer encounters a person who, in the judgement of the officer is incapacitated, from the use of alcohol, the person shall be taken into protective custody by the officer. The officer shall then transport the incapacitated person to an approved alcohol treatment program with detoxification capabilities or to the emergency room of a licensed general hospital for treatment, except that if an alcohol crisis team or a designated alcohol counselor exists in the vicinity and is available, the person may be released to the team or counselor at a location mutually agreeable between the officer and treator. The period of protective custody shall end when the person is released to any of the above programs. In the event that a program willing to accept the incapacitated person is not available, or where assistance is actively refused or resisted by the incapacitated person, then protective custody can be continued by lodging the person in a lock-up or community correctional center. Protective custody cannot exceed 24 hours. The rules set forth herein provide for the following: the establishment of Alcohol Crisis Teams as the primary treatment response to requests for services for incapacitated persons; procedures to be followed when taking a person into protective custody; and the criteria for determining incapacitation before lodging of an incapacitated person in a lock-up or community correctional center.
- the designated agency must appoint a staff person at the supervisory level, to serve as the coordinator of the Alcohol Crisis Team and as liaison for the agency to coordinate the activities of the Alcohol Crisis Team with health and law enforcement agencies;
- the services of the Alcohol Crisis Team shall be available and accessible 24 hours a day;
- the Alcohol Crisis Team shall provide immediate response to all requests for assistance;
- the designated agency shall train all Alcohol Crisis Team personnel to an acceptable level of competency to deal with the acutely intoxicated individual and the sick alcoholic;
- the Alcohol Crisis Team must have written protocols and procedures for referral, coordination and follow-up with law enforcment units, hospital emergency rooms, local lock-ups and/or correctional centers in the programs catchment area.
- shall be knowledgeable of all rules, policies, and procedures promulgated by the Office under Chapter 213 of Title 18, VSA;
- shall be able to work effectively with law enforcement personnel and shall be knowledgeable of the appropriate and legal options available for incapacitated persons;
- shall be knowledgeable of social and medical resources available to incapacitated persons and the procedures and methods to be followed for their use;
- shall be knowledgeable of the affects of alcoholism and alcohol abuse to include familiarity with the signs of acute intoxication, incapacitation and withdrawal and the resources available for treatment.
These qualifications shall be demonstrated through education, training and direct experience.
- screening services to evaluate intoxicated persons for incapacitation;
- referral services: upon completion of the screening evaluation, the Alcohol Crisis Team shall offer assistance to incapacitated individuals to get them into a residential treatment setting for detoxification. The crisis Team may also arrange for a medical screening prior to referral to an alcohol treatment program. Alcohol Crisis Teams shall either provide or arrange for transportation to a treatment program;
- when treatment programs are not accessible to an Alcohol Crisis Team, the Team member shall either directly supervise the incapacitated persons, or arrange to have someone else provide the supervision. The supervision shall take place in a community shelter specifically set up for this purpose or can be provided at some other community location, such as someone's home, with whom arrangements are made for supervision. In no event, shall an incapacitated person who is not refusing assistance be lodged in a local lock-up or community correctional center;
- Alcohol Crisis Team members, or other designated staff of the agency shall make a follow-up contract with all persons lodged in a lock-up or correctional center or who are admitted to a hospital. The individual shall be informed of the circumstances leading up to the intervention and the reasons for the disposition. Further assistance, treatment or education shall be offered the individual as part of the follow-up. In correctional centers and local lock-ups, the follow-up shall take place upon the request of the facility when it is determined that the person is no longer incapacitated and is ready for release.
The condition of incapacitation must be demonstrated by the following characteristics:
- consumption of alcohol beverages as demonstrated by smell, an alco-sensor test or by test with similar instrument, or by information provided by the individual or as witnessed by others; and
- substantial impairment of mental or physical functioning as demonstrated by a number of characteristics, including: confusion as to time and place, distortion of judgement, loss of capacity for verbal communication and an inability to stand or walk without assistance. Any combination of the characteristics can be used to document substantial impairment, so long as these characteristics can be linked directly to the person's abuse of alcohol.
- the exposure of the person to a harmful condition and/or to a situation which may be harmful to others.
All of the characteristics presented in the above criteria must be present and demonstrated before a determination of incapacitation can be made.
- the person refuses assistance from an Alcohol Crisis Team; or
- no Alcohol Crisis Team and no staff physician or other medical professional at the nearest licensed general hospital will accept the person for treatment;
- the person has been evluated by an Alcohol Crisis Team member or a professional medical staff person at a licensed general hospital emergency room and has been found to be indeed incapacitated as per Section 4 of these rules.
The forms Incapacitation: Screening and Disposition Report completed by Alcohol Crisis Teams, or Protective Custody Of An Incapacitated Person, completed by professional medical staff at licensed general hospital emergency rooms shall serve as the intake and release record for all persons evaluated incapacitated and placed in a community corrections center or local lock-up.
Any person under the age of sixteen, who is determined to be incapacitated shall be offered all of the treatment and services afforded an adult under these rules with the following exceptions and requirements:
Form
Form Public Inebriate Incapacitation
Screening and Disposition Monthly Summary
Report.
Public Inebriate Incapacitaion Screening and Disposition Monthly Summay Report
Organization
Director: Phone:
For the Month Ending: / / Location:
Total Screenings Complete:
Each major category below must add up to the total screenngs above:
Gender - Number of screenings:
Male Female
Substance - Number of screenings for:
Alcohol Drugs
Both Alcohol & Drugs Other/None
Disposition - Number of screenings released to:
Self
Protective custody (Jail)
Shelter instead of protective custody
Family/other sober person
All other disposition
Of the total screenings above, how many were referred to treatment?
Send Monthly to: Sarah Nocito, VT Dept of Health, PO Box 70, Burlington VT 05402-0070
-or-
snocito@vdh.state.vt.us33 V.S.A. Chapter 7
13-003 Code Vt. R. 13-100-003-X
AMENDED: February 2007 [updated form]