Bill > HB5003

This bill clarifies the process for involuntary hospitalization in West Virginia, specifically addressing who can order such hospitalizations and the timeline for filing mental hygiene petitions after initial involuntary treatment. It allows an "authorized staff physician," a doctor on a hospital's medical staff, to order involuntary hospitalization for up to 72 hours if they believe an individual is addicted or mentally ill and poses a serious risk of harm to themselves or others. Previously, this authority was more restricted when mental hygiene commissioners, magistrates, or circuit judges were unavailable. The bill also extends the timeframe from 24 hours to 72 hours for filing a mental hygiene petition if continued involuntary treatment is deemed necessary beyond the initial 72-hour period, requiring the authorized staff physician to certify the individual's condition and risk. The bill also includes provisions for treatment during involuntary hospitalization, payment for services, liability protections for healthcare providers acting in good faith, and requests the West Virginia Supreme Court of Appeals to provide hospitals with contact information for mental hygiene commissioners and judges to streamline the petition process.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5003&year=2026&sessiontype=RS&btype=bill