SB 603 — Relating to proceedings for involuntary custody for examination

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 603 By Senators Drennan, Blair, Gaunch, Maroney, Maynard, Plymale, and trump,trump original[Originating sponsorsin [Passedthe MarchCommittee 10,on 2018;the Judiciary;

inreported effecton 90February from22, passage]2018]     ANA ACTBILL to amend and reenact §27-5-2 and §27-5-3 of the Code of West Virginia, 1931, as amended, all relating to proceedings for involuntary custody for examination;

and adding licensed professional counselors to the list of professionals that may examine an individual by order of a circuit court, mental hygiene commissioner, or magistrate;magistrate.

providing that a licensed professional counselor may only perform the examination if he or she has been previously authorized by an order of the circuit court to do so;

and removing redundant language.

Notwithstanding any language in this subsection to the contrary, if the individual to be examined under the provisions of this section is incarcerated in a jail, prison, or other correctional facility, then only the chief administrative officer of the facility holding the individual may file the applicationapplication, and the application must include the additional statement that the correctional facility itself cannot reasonably provide treatment and other services for the individual’s mental illness or addiction.

of this code, or a physician assistant practicing in compliance with §30-14A-1 §30-3E-1 et seq.

Provided, That a licensed professional counselor, a licensed independent clinical social worker, a physician assistant or an advanced nurse practitioner with psychiatric certification may only perform the examination if he or she has previously been authorized by an order of the circuit court to do so, the order having found that the licensed professional counselor, the licensed independent clinical social worker, physician assistant, or advanced nurse practitioner with psychiatric certification has particularized expertise in the areas of mental health and mental hygiene or addiction sufficient to make the determinations as are required by the provisions of this section.

Where a physician, psychologist, licensed professional counselor, licensed independent clinical social worker, physician assistant, or advanced nurse practitioner with psychiatric certification has within the preceding 72 hours performed the examination required by the provisions of this subsection,subdivision, the community mental health center may waive the duty to perform or arrange another examination upon approving the previously performed examination.

If the examination reveals that the individual is not mentally ill or addicted or is determined to be mentally ill or addicted but not likely to cause harm to himself, herself, or others, the individual shall be immediately released without the need for a probable cause hearing and absent a finding of professional negligence the examiner is not civilly liable for the rendering of the opinion absent a finding of professional negligence.

—– Any individual may be admitted to a mental health facility for examination and treatment upon entry of an order finding probable cause as provided in §27-5-2 of this code and upon certification by a physician, psychologist, licensed professional counselor, licensed independent clinical social worker practicing in compliance with the provisions of §30-30-1 et seq.

—– If the examination does not take place within three days from the date the individual is taken into custody, the individual shall be released.

—– The certification required in §27-5-3(a) of this code shall be valid for three days.

—– A certification under this section must include findings and conclusions of the mental examination, the date, time and place of the examination,examination and the facts upon which the conclusion that involuntary commitment is necessary is based.

—– When an individual is admitted to a mental health facility pursuant to the provisions of this section, the chief medical officer of the facility shall immediately give notice of the individual’s admission to the individual’s spouse, if any, and one of the individual’s parents or guardians or if there is no spouse and are no parents or guardians, to one of the individual’s adult next of kin if the next of kin is not the applicant.

—– After the individual’s admission to a mental health facility, he or she may not be detained more than five days, excluding Sundays and holidays, unless, within the period, the individual is examined by a staff physician and the physician certifies that in his or her opinion the patient is mentally ill or addicted and is likely to injure himself, herself, or others if allowed to be at liberty.

—– If, in the opinion of the examining physician, the patient is mentally ill or addicted and because of the mental illness or addiction is likely to injure himself, herself, or others if allowed to be at liberty, the chief medical officer shall, within 15 days from the date of admission, institute final commitment proceedings as provided in §27-5-4 of this code.

—– If all proceedings as provided in §27-3-1 et seq.

    NOTE:

The purpose of this bill is to add licensed professional counselors to the list of professionals that may examine an individual by order of a circuit court, mental hygiene commissioner, or magistrate for purposes of an involuntary custody proceeding.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.