125.34 - TREATMENT AND SERVICES FOR INTOXICATED PERSONS AND PERSONS INCAPACITATED BY ALCOHOL.
125.34 TREATMENT AND SERVICES FOR INTOXICATED PERSONS
AND PERSONS INCAPACITATED BY ALCOHOL.
1. An intoxicated person may come voluntarily to a facility for
emergency treatment. A person who appears to be intoxicated or
incapacitated by a chemical substance in a public place and in need
of help may be taken to a facility by a peace officer under section
125.91. If the person refuses the proffered help, the person may be
arrested and charged with intoxication under section 123.46, if
applicable.
2. If no facility is readily available the person may be taken to
an emergency medical service customarily used for incapacitated
persons. The peace officer in detaining the person and in taking the
person to a facility shall make every reasonable effort to protect
the person's health and safety. In detaining the person the
detaining officer may take reasonable steps for self-protection.
Detaining a person under section 125.91 is not an arrest and no entry
or other record shall be made to indicate that the person who is
detained has been arrested or charged with a crime.
3. A person who arrives at a facility and voluntarily submits to
examination shall be examined by a licensed physician as soon as
possible after the person arrives at the facility. The person may
then be admitted as a patient or referred to another health facility.
The referring facility shall arrange for transportation.
4. If a person is voluntarily admitted to a facility, the
person's family or next of kin shall be notified as promptly as
possible. If an adult patient who is not incapacitated requests that
there be no notification, the request shall be respected.
5. A peace officer who acts in compliance with this section is
acting in the course of the officer's official duty and is not
criminally or civilly liable therefor, unless such acts constitute
willful malice or abuse.
6. If the physician in charge of the facility determines it is
for the patient's benefit, the patient shall be encouraged to agree
to further diagnosis and appropriate voluntary treatment.
7. A licensed physician and surgeon or osteopathic physician and
surgeon, facility administrator, or an employee or a person acting as
or on behalf of the facility administrator, is not criminally or
civilly liable for acts in conformity with this chapter, unless the
acts constitute willful malice or abuse. Section History: Early Form
[C75, 77, § 125.17; C79, 81, § 125.34; 82 Acts, ch 1212, § 24] Section History: Recent Form
86 Acts, ch 1001, § 8
Referred to in § 125.3, 125.7, 125.12, 230.20