188                               LAWS OF MARYLAND                        [CH. 146

ulations. No person may be discriminated against on the basis of
indigence.

(c) The alcoholism programs and facilities of the State and its
subdivisions shall be staffed with an adequate number of qualified
personnel.

303. Detoxification.

(a)  Any person who is intoxicated in a public place may be taken
or sent to his home or to a public or private health facility by the
police or other authorized personnel; provided, that the police may
take reasonable measures to ascertain that commercial transportation
used for such purposes is paid for by the person in advance.

(b)  Any person who is intoxicated in a public place and either
incapacitated or whose health is in immediate danger, if not handled
under subsection (a), shall be taken by the police or other authorized
personnel to a detoxification center.

(1)  A person shall be deemed incapacitated when he is unable to
make a rational decision about accepting assistance.

(2)  Any intoxicated person may voluntarily come to a detoxifica-
tion unit for medical attention but incapacitated persons and others
in immediate medical danger shall be given priority.

(3)  The physician then in charge (medical officer) of the unit shall
have the authority to determine whether a person shall be admitted
to the center as a patient, or referred to another appropriate facility
for care and treatment, or denied referral or admission. If he is
admitted as a patient the medical officer shall have the authority to
require him to remain at the unit until he is sober and no longer
intoxicated or incapacitated, but in any event no longer than 5 days
after his admission as a patient, except as provided in Section 306
hereof. A patient may consent to remain at a detoxification unit for
as long as the medical officer believes warranted. If the medical officer
concludes that the person should receive treatment at a different
facility he shall arrange for such treatment and for transportation to
that facility. If the person is not either admitted to a detoxification
center or referred to another facility and has no funds, authorized
personnel shall offer to take him to his residence if he has one, or
if he has no residence shall offer to attempt to find and to take him
to some other facility where he may obtain shelter. A detoxification
center may provide medical help to a person who is not admitted
as a patient. The medical officer shall make a bona fide attempt to
notify the family or next of kin when a patient is admitted to a
facility for treatment, but is not required to do so if the patient re-
quests him not to.

(c)   The police or other authorized personnel who act under (a) or
(b) of this section shall be considered as acting in the conduct of
their official duty.

(d)  An intoxicated person taken into custody by the police for a
criminal offense shall immediately be taken to a detoxification unit
or other appropriate medical facility when his condition appears to
be, or become, such as to require emergency medical treatment.

(e)  The police shall make every reasonable effort to protect the
health and safety of intoxicated persons, in accordance with the in-