The bill amends various sections of the Code of West Virginia to enhance the involuntary hospitalization process for individuals experiencing mental health crises or substance use disorders. It broadens the range of professionals authorized to apply for involuntary hospitalization, including physicians, psychologists, and law enforcement officers, while also tasking the Department of Health and Human Resources with transportation responsibilities for these individuals. Key changes include the appointment of mental health professionals as mental hygiene commissioners, the establishment of fixed compensation for them, and the introduction of new training requirements to ensure they effectively safeguard individuals' rights during hearings. The bill emphasizes timely evaluations and hearings, allowing for video conferencing, and protects mental health evaluators acting in good faith from liability.

Additionally, the bill defines "psychiatric emergency" and outlines the process for involuntary commitment, including the requirement for a physician's certificate and the option for an affidavit if an individual refuses examination. It mandates that probable cause hearings occur in the individual's county of residence and introduces outpatient treatment agreements to facilitate less restrictive care. The bill also establishes a Mental Hygiene Fund to cover expenses related to mental health hearings and modifies transportation responsibilities, allowing the Department of Health Facilities to take over from sheriffs in providing immediate transport to mental health facilities. Overall, the bill aims to create a more efficient and humane system for addressing mental health crises while ensuring due process and access to necessary treatment.

Statutes affected:
Introduced Version: 27-5-1, 27-5-1b, 27-5-2, 27-5-2a, 27-5-4, 27-5-10