HB 5003
Relating to the process for involuntary hospitalization
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill clarifies the process for involuntary hospitalization in West Virginia. It specifies that an authorized staff physician can order hospitalization if they believe an individual with an addiction or mental illness poses a substantial risk of harm to themselves or others. The bill also outlines the procedure for filing a mental hygiene petition after an initial 72-hour involuntary hospitalization, requiring a hearing by a magistrate, circuit judge, or mental hygiene commissioner. Finally, it addresses liability for healthcare providers and requests the Supreme Court of Appeals to provide a list of local judicial contacts.
Key provisions
- Authorized staff physicians can order involuntary hospitalization for individuals with addiction or mental illness who pose a risk of harm.
- A mental hygiene petition must be filed within 72 hours of an initial 72-hour involuntary hospitalization.
- A hearing must be conducted by a magistrate, circuit judge, or mental hygiene commissioner after a mental hygiene petition is filed.
- Individuals hospitalized involuntarily can receive treatment with consent or in a medical/psychiatric emergency.
- Hospitals and authorized staff physicians will be paid at negotiated rates or can file claims with the Legislative Claims Commission.
- Healthcare providers are protected from liability when acting in good faith and within their professional duties.
- The West Virginia Supreme Court of Appeals will provide a list of local judicial contacts for mental hygiene petitions.
Who is affected
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