The bill amends the Code of West Virginia to improve the procedures and criteria for involuntary hospitalization, particularly for individuals with substance use disorders. It introduces new grounds for applying for involuntary hospitalization, allowing applications when an individual has lost self-control regarding substance use and cannot recognize their need for treatment. The bill clarifies that an individual's refusal to accept substance abuse services does not imply a lack of judgment about their need for such services. Additionally, it establishes that individuals must agree to voluntary treatment before being removed from involuntary hospitalization prior to a probable cause hearing. The legislation also modifies the evidentiary standards for civil liability of mental health professionals, ensuring they are not held liable unless negligence is proven.

Furthermore, the bill mandates that when a magistrate or judge orders involuntary hospitalization, they must include a recommendation for close monitoring of the individual. It tasks the Supreme Court of Appeals and relevant state departments with developing a statewide system for evaluating mental hygiene petitions. The bill emphasizes that individuals who complete a rehabilitation program will not be considered mentally defective for firearm possession purposes and allows those involuntarily committed to petition for removal from the central state mental health registry after treatment. It also establishes a Mental Hygiene Fund to cover expenses related to the commitment process and requests the Supreme Court of Appeals to create rules for implementing these changes. Notably, it deletes a previous effective date and adds new language regarding the treatment of individuals with substance use disorders.

Statutes affected:
Introduced Version: 27-5A-1, 27-5A-2, 27-5A-3, 27-5A-4, 27-5A-5, 27-5A-6
Committee Substitute: 27-5A-1, 27-5A-2, 27-5A-3, 27-5A-4, 27-5A-5, 27-5A-6
Committee Substitute for the Committee Substitute: 27-5-2, 27-5-4