This bill amends the Code of West Virginia to remove liability for mental health professionals who provide services in mental hygiene cases that may lead to involuntary hospitalization. Specifically, it introduces a provision stating that any mental health service provider authorized to perform examinations under the relevant section shall be free from liability, regardless of the examination results, unless there is clear evidence of negligence or deviation from the applicable standard of care. This change aims to encourage mental health professionals to conduct necessary evaluations without the fear of legal repercussions.

Additionally, the bill makes several procedural updates regarding the application for involuntary hospitalization, including clarifying the roles of various professionals involved in the examination process and the conditions under which examinations may be conducted. It specifies that examinations should ideally be in person but allows for video conferencing if necessary. The bill also outlines the rights of individuals during probable cause hearings, including the ability to present evidence and confront witnesses, while ensuring that the process remains efficient and respects due process. Overall, the bill seeks to streamline the involuntary hospitalization process while providing protections for mental health professionals.

Statutes affected:
Introduced Version: 27-5-2