§ 4802. Definitions

As used in this chapter:

(1) “Alcoholic” means a person with the condition of alcoholism.

(2) “Alcoholism” means addiction to the drug alcohol. It is characterized by:

(A) chronic absence of control by the drug user over the frequency or the volume of his or her alcohol intake; and

(B) inability of the drug user to moderate consistently his or her drinking practices in spite of the onset of a variety of consequences deleterious to his or her health.

(3) “Approved substance abuse treatment program” means a treatment program that is approved by the Secretary as qualified to provide treatment for substance abuse.

(4) “Client” means a person who is provided treatment services by an approved substance abuse treatment program, substance abuse crisis team, or designated substance abuse counselor.

(5) “Designated substance abuse counselor” means a person approved by the Secretary to evaluate and treat substance abusers, pursuant to the provisions of this chapter.

(6) “Detoxification” means the planned withdrawal of an individual from a state of acute or chronic intoxication under qualified supervision and with or without the use of medication. Detoxification is monitoring and management of the physical and psychological effects of withdrawal, for the purpose of assuring safe and rapid return of the individual to normal bodily and mental functioning.

(7) “Incapacitated” means that a person, as a result of his or her use of alcohol or other drugs, is in a state of intoxication or of mental confusion resulting from withdrawal such that the person:

(A) appears to need medical care or supervision by approved substance abuse treatment personnel, as defined in this section, ensure the person’s safety; or

(B) appears to present a direct active or passive threat to the safety of others.

(8) “Intoxicated” means a condition in which the mental or physical functioning of an individual is substantially impaired as a result of the presence of alcohol or other drugs in his or her system.

(9) “Law enforcement officer” means a law enforcement officer certified by the Vermont Criminal Justice Council as provided in 20 V.S.A. §§ 2355-2358 or appointed by the Commissioner of Public Safety as provided in 20 V.S.A. § 1911.

(10) “Licensed hospital” means a hospital licensed under chapter 43 of this title.

(11) “Protective custody” means a civil status in which an incapacitated person is detained by a law enforcement officer for the purposes of:

(A) assuring the safety of the individual or the public, or both; and

(B) assisting the individual to return to a functional condition.

(12) “Secretary” means the Secretary of Human Services or designee.

(13) “Substance abuse crisis team” means an organization approved by the Secretary to provide emergency treatment and transportation services to substance abusers pursuant to the provisions of this chapter.

(14) “Substance abuser” means anyone who drinks alcohol or consumes other drugs to an extent or with a frequency that impairs or endangers his or her health or the health and welfare of others.

(15) “Treatment” means the broad range of medical, detoxification, residential, outpatient, aftercare, and follow-up services that are needed by substance abusers and may include a variety of other medical, social, vocational, and educational services relevant to the rehabilitation of these persons. (Added 2013, No. 131 (Adj. Sess.), § 118, eff. May 20, 2014; amended 2017, No. 113 (Adj. Sess.), § 90; 2023, No. 6, § 152, eff. July 1, 2023.)