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 is mentally ill and poses a risk of serious harm to themselves or others. The bill clarifies that a diagnosis of dementia, epilepsy, or intellectual or developmental disability alone cannot justify involuntary commitment. Additionally, 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.

The bill also 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 act with negligence or in bad faith. Furthermore, it emphasizes the importance of outpatient treatment options and requires that any commitment be in the least restrictive setting available. The bill aims to streamline the process for mental hygiene petitions and enhance the legal protections for mental health professionals while ensuring that individuals receive appropriate care.

Statutes affected:
Introduced Version: 27-5-2