SB 742
Modifying requirements for involuntary hospitalization
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill modifies the process for involuntary hospitalization in West Virginia. It allows an authorized staff physician to determine if a person needs a 72-hour hold without contacting a specific list of individuals and extends the timeframe for filing a mental hygiene petition to 72 hours after the hospitalization. The bill also requires a specific statement from the physician and requests the West Virginia Supreme Court of Appeals to provide hospitals with a list of local mental health officials for quicker petition processing.
Key provisions
- Authorized staff physicians can determine the need for a 72-hour hold without contacting a specific list.
- The deadline for filing a mental hygiene petition has been extended to 72 hours after involuntary hospitalization.
- A specific statement must be signed by the authorized staff physician detailing the harm the individual poses.
- Hospitals are to be paid at negotiated rates with insurers or file claims with the Legislative Claims Commission if uninsured.
- Physicians and hospitals 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 mental health officials to hospitals.
Who is affected
- Individuals requiring mental health treatment
- Hospital staff (authorized staff physicians and employees)
- Mental hygiene commissioners
- Magistrates
- Circuit judges
Notable changes
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