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.

Additionally, the bill makes several procedural updates regarding the application for involuntary hospitalization, including clarifying the responsibilities of correctional facilities in filing applications and specifying the conditions under which examinations may be conducted. It also outlines the rights of individuals during probable cause hearings, including their ability to present evidence and confront witnesses, while ensuring that the process adheres to due process requirements. Overall, the bill aims to streamline the involuntary commitment process while protecting mental health professionals from legal repercussions in their evaluations.

Statutes affected:
Introduced Version: 27-5-2