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WV HB2347

WV HB2347
The Joel Archer Substance Abuse Intervention Act.


summary

Introduced
02/13/2025
In Committee
04/10/2025
Crossed Over
03/12/2025
Passed
04/12/2025
Dead
Signed/Enacted/Adopted
04/12/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT to amend and reenact §27-5-2 and §27- 5-4 of the Code of West Virginia, 1931, as amended, relating to involuntary custody and involuntary hospitalization; providing additional grounds for application for involuntary hospitalization; modifying evidentiary standards for imposing civil liability on mental health professionals rendering services in mental hygiene cases; requiring individual to agree to voluntary treatment before being removed from involuntary hospitalization prior to probable cause hearing; providing additional grounds for satisfaction of probable cause and involuntary hospitalization standards in mental hygiene proceedings; providing name of amendments; permitting hospitalization of individuals with substance use disorder under certain circumstances; providing prohibition on consideration of refusal of substance abuse services when considering individual’s judgment; providing for dismissal of involuntary hospitalization proceedings under certain circumstances; setting forth additional required findings by the chief medical officer; providing for restoration of firearm possession rights under certain circumstances; and providing for removal of individual from mental health registry under certain circumstances.

AI Summary

This bill, known as the Joel Archer Substance Abuse Intervention Act, introduces several important changes to West Virginia's mental health and substance use disorder involuntary commitment procedures. The bill expands the grounds for involuntary hospitalization, particularly for individuals with substance use disorders, by allowing commitment when a person has lost self-control with substance use and their judgment is so impaired that they cannot recognize their need for treatment. The legislation modifies the evidentiary standards for mental health professionals, provides additional protections for individuals undergoing commitment proceedings, and creates pathways for individuals to potentially have their names removed from mental health registries after completing rehabilitation programs. Key provisions include requiring the least restrictive treatment setting, establishing procedures for probable cause hearings, and allowing for potential discharge or outpatient treatment when appropriate. The bill also includes provisions for monitoring individuals with substance use disorders who may experience medical complications during withdrawal, and it requires medical professionals to recommend close medical monitoring in such cases. Additionally, the legislation aims to develop statewide systems for mental hygiene petition evaluation and seeks interstate agreements to provide efficient mental health services. Notably, the bill emphasizes that an individual's mere refusal of substance abuse services does not automatically constitute evidence of impaired judgment, providing an important protection for individuals' autonomy.

Committee Categories

Health and Social Services, Justice

Sponsors (8)

Last Action

Became law 4/30/2025 (on 04/30/2025)

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