This bill amends and reenacts section 27-5-2 of the Code of West Virginia, 1931, to establish standards of liability for mental health professionals involved in mental hygiene cases that may lead to involuntary hospitalization. It allows any adult to 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 specifies 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 outlines the procedures for examinations, hearings, and the roles of various mental health professionals in the process.

Significantly, the bill introduces new language that protects mental health service providers from civil liability when performing involuntary custody examinations, unless they act with negligence or in bad faith. It also emphasizes the importance of conducting examinations in a timely manner and allows for the use of video conferencing in hearings. The bill aims to ensure that individuals receive appropriate treatment in the least restrictive setting while also establishing a framework for outpatient treatment agreements. Overall, the legislation seeks to streamline the process for involuntary hospitalization while safeguarding the rights of individuals and the responsibilities of mental health professionals.

Statutes affected:
Introduced Version: 27-5-2