4. Discharge. If a person leaves an approved treatment facility, against the advice of the administrator in charge of the facility and that person does not have a home, the patient must be assisted in obtaining shelter. If a person leaves an approved treatment facility against the advice of the administrator in charge of the facility and the administrator in charge of the facility believes that the patient is a chemically dependent person who is incapacitated, the administrator shall arrange for the preparation of an emergency treatment order pursuant to section 20045-A at the time of discharge.

5. Length of stay. A person who by medical examination is found to be incapacitated by alcohol or other drugs may not be detained at a facility once that person is no longer considered to be incapacitated by alcohol or other drugs.__A person found to be incapacitated by alcohol or psychoactive substances may not be held for more than 18 hours after admission as a patient, unless committed pursuant to section 20045-B.

6. Further diagnosis and voluntary treatment. If the administrator of the treatment facility determines that further diagnosis and treatment are for the patient's benefit, the patient must be encouraged to agree to further diagnosis and appropriate voluntary treatment.

7. Official duty. A law enforcement officer who acts in compliance with this section is acting in the course of that officer's official duties and may not be criminally or civilly liable for actions taken under this section.

Sec. 5. 5 MRSA §§20045-A to 20045-E are enacted to read:

§20045-A.__Involuntary treatment and services for chemically

dependent persons who pose a likelihood of serious

and imminent harm to themselves

1.__Health care professionals or other persons.__If a licensed or certified health care professional or other person has reasonable grounds to believe, based upon personal observation, that a chemically dependent person is incapacitated, the health care professional or other person may bring that person to a licensed physician for an examination under section 20045-B for the purpose of obtaining an emergency treatment