This bill amends the Code of West Virginia to establish 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 mental illness that poses a risk of serious harm to themselves or others. The bill 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 outlines the procedures for examinations and probable cause hearings, emphasizing the need for timely evaluations and the rights of individuals during these processes.

Significantly, the bill introduces new legal 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 mandates that the commitment of individuals should occur in the least restrictive setting available, promoting outpatient community-based treatment when possible. The bill aims to streamline the process for mental hygiene petitions and enhance the efficiency of mental health services in West Virginia, while ensuring that individuals' rights are upheld throughout the involuntary commitment process.

Statutes affected:
Introduced Version: 27-5-2