(1) anyone who is intoxicated or under the influence of controlled substances in a public place may be sent home or taken to a sobering facility or to a treatment facility by a police officer. If the person is incapacitated, the person must be taken by the police officer to an appropriate treatment facility or sobering facility. If the health of the person appears to be in immediate danger, or the police officer has reasonable cause to believe the person is dangerous to themself or to anyone else, the person must be taken by the police officer to an appropriate treatment facility or sobering facility. A person will be deemed incapacitated when in the opinion of the police officer the person is unable to make a rational decision as to acceptance of assistance

(2) when anyone is taken to a treatment facility, the director of the treatment facility will determine whether the person will be admitted as a patient, referred to another treatment facility or a sobering facility or denied referral or admission. If the person is incapacitated or the health of the person appears to be in immediate danger, or if the director has reasonable cause to believe the person is dangerous to themself or to anyone else, the person must be admitted. The person will be discharged within 48 hours unless they have applied for voluntary admission to the treatment facility.

(3) when anyone is taken to a sobering facility, the staff of the facility will, consistent with the facility's comprehensive written policies & procedures, determine whether or not the person will be admitted into the facility. A person who is admitted will be discharged from the sobering facility within 24 hours

(4) in the absence of any appropriate treatment facility or sobering facility, or if a sobering facility determines that a person shouldn't be admitted, an intoxicated person or a person under the influence of controlled substances who would otherwise be taken by the police officer to a treatment facility or sobering facility may be taken to the city or county jail where the person may be held until no longer intoxicated, under the influence of controlled substances or incapacitated

(5) An intoxicated person or person under the influence of controlled substances, when taken into custody by the police officer for a criminal offense, shall immediately be taken to the nearest appropriate treatment facility when the condition of the person requires emergency medical treatment

(6) The records of a person at a treatment facility or sobering facility may not, without the person's consent, be revealed to any person other than the director and staff of the treatment facility or sobering facility. A person's request that no disclosure be made of admission to a treatment facility or sobering facility shall be honored unless the person is incapacitated or disclosure of admission is required by 430.397 (Voluntary admission of person to treatment facility)