This bill amends the Code of West Virginia to clarify the process for involuntary hospitalization under Article 5. It specifies that an authorized staff physician can order the involuntary hospitalization of an individual who presents at a hospital emergency department if they believe the individual is either addicted or mentally ill and poses a serious risk of harm to themselves or others. The physician must sign a statement confirming this assessment, and if the individual requires treatment beyond 72 hours, a mental hygiene petition must be filed within that timeframe. The bill also outlines the responsibilities of hospitals and authorized staff physicians in providing treatment during hospitalization and establishes protections from liability for actions taken in good faith.

Additionally, the bill requests the West Virginia Supreme Court of Appeals to create a form for the physician's statement and to maintain an updated list of mental hygiene commissioners, magistrates, and circuit judges for hospitals to contact regarding mental hygiene petitions. It emphasizes that actions taken under this section do not constitute an adjudication of the individual and clarifies the payment process for services rendered during involuntary hospitalization. The changes aim to streamline the involuntary hospitalization process while ensuring that individuals receive necessary treatment and legal protections.

Statutes affected:
Introduced Version: 27-5-2a