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 acted with negligence or in bad faith. Furthermore, it outlines the procedures for probable cause hearings, including the rights of the individual being examined, and emphasizes the importance of outpatient treatment options when appropriate. The bill aims to ensure that individuals receive necessary mental health services while protecting the rights of those involved in the involuntary commitment process.

Statutes affected:
Introduced Version: 27-5-2