This bill amends the Code of West Virginia regarding the process for involuntary hospitalization. It allows an authorized staff physician to determine if a person requires a 72-hour hold without needing to contact a list of specified individuals. Additionally, the bill removes the previous requirement to file a mental hygiene petition within 24 hours of involuntary hospitalization, extending the timeframe to 72 hours instead. The authorized staff physician must sign a statement confirming that the individual poses a risk of serious harm due to addiction or mental illness, and this statement will be included in the individual's health records.
Furthermore, the bill ensures that individuals involuntarily hospitalized will be released within 72 hours unless further detention is warranted. It also stipulates that hospitals and authorized staff physicians will be compensated for their services at rates negotiated with insurers, and they will be protected from liability when acting in good faith within their professional duties. The West Virginia Supreme Court of Appeals is tasked with providing hospitals with updated contact information for mental hygiene commissioners, magistrates, and circuit judges to facilitate the mental hygiene petition process.
Statutes affected: Introduced Version: 27-5-2a