The bill amends and reenacts section 27-5-2 of the Code of West Virginia, 1931, to establish clearer standards of liability for mental health professionals involved in mental hygiene cases that may lead to involuntary hospitalization. It specifies that any adult can apply for involuntary hospitalization if they believe an individual has a substance use disorder or is mentally ill and poses a risk of serious harm to themselves or others. The bill also clarifies that if the individual is incarcerated, only the chief administrative officer of the facility can file the application, which must include a statement indicating that the facility cannot provide necessary treatment.

Additionally, the bill introduces new provisions regarding the examination process for individuals subject to involuntary hospitalization. It allows for examinations to be conducted via video conference under certain circumstances and establishes that mental health service providers performing these examinations will not be held civilly liable unless they acted with negligence or in bad faith. The bill also emphasizes the importance of outpatient treatment options and outlines the procedures for voluntary treatment agreements, ensuring that individuals are treated in the least restrictive environment possible. Overall, the bill aims to streamline the process for involuntary hospitalization while protecting the rights of individuals and the liability of mental health professionals.

Statutes affected:
Introduced Version: 27-5-2