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, legal causation, and a compensable injury confirmed by a court. This change aims to encourage mental health professionals to participate in the evaluation process without the fear of legal repercussions.

Additionally, the bill makes several modifications to the procedures surrounding involuntary hospitalization, including clarifying the roles of various professionals involved in the examination process and ensuring that individuals have the right to present evidence and confront witnesses during probable cause hearings. It also emphasizes the importance of outpatient treatment options and establishes guidelines for voluntary treatment agreements, while ensuring that the commitment of individuals occurs in the least restrictive setting possible. Overall, the bill seeks to streamline the process of involuntary hospitalization while protecting the rights of individuals and the professionals involved in their care.

Statutes affected:
Introduced Version: 27-5-2