SB 655
Providing limited immunity for mental health providers who are involved in mental hygiene checks
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to provide limited immunity for mental health providers who conduct mental hygiene checks on individuals suspected of having a substance use disorder or mental illness and posing a potential risk to themselves or others. It clarifies the standards for when involuntary hospitalization can be considered and outlines the process for these checks, including who can perform them and the requirements for documentation. The bill also addresses the circumstances under which a jail or prison facility can initiate an involuntary custody check.
Key provisions
- Defines standards of liability for mental health professionals involved in mental hygiene checks.
- Establishes criteria for initiating an involuntary custody check, including potential substance use disorder or mental illness.
- Specifies which mental health professionals can conduct examinations (physicians, psychologists, counselors, social workers, advanced practice nurses, and physician assistants).
- Allows for video conference examinations if an in-person examination would cause undue delay.
- Outlines the process for a probable cause hearing and the role of a magistrate, mental hygiene commissioner, or circuit court judge.
- Provides immunity for examiners absent negligence or bad faith in performing the examination.
- Addresses the possibility of outpatient treatment agreements for individuals deemed amenable to such treatment.
- Requires a statewide system for evaluating and adjudicating mental hygiene petitions.
Who is affected
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