SB 574 — Permitting authorized physician order involuntary hospitalization of individual if physician believes addicted or mentally ill

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 COMMISSION  JOINT  RULES AdoptedSTAFF RejectedINFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.

NEWS RELEASES HELPFUL LINKS SB574 SUB2 ENG2 « Senate Bill 574 History OTHER VERSIONS  —  Committee Substitute (2)  |  Engrossed Version  |  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:

Green = existing Code.

Red = new code to be enacted WEST virginia legislature regular session Second Engrossed Committee Substitute for Committee Substitute for Senate Bill 574 Senators Maroney and Stollings, original sponsors [Originating in the Committee on the Judiciary;

Reported on February 25, 2019]     A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-5-2a, relating to permitting an authorized staff physician, after examination, to order the involuntary hospitalization of an individual whom the physician believes is addicted or mentally ill and likely to cause serious harm to himself or herself or other individuals;

setting forth a procedure;

defining terms;

providing for payment for services;

limiting liability;

and requiring the West Virginia Supreme Court of Appeals to produce information to hospitals regarding contact information for mental hygiene commissioners, designated county magistrates, and circuit judges.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5.

INVOLUNTARY HOSPITALIZATION.

§27-5-2a.

Involuntary hospitalization order by a physician.

(a) As used in this section:

(1) “Addiction” as used in this section has the same meaning as the term is defined in §27-1-11 of this code.

(2) “Authorized staff physician” means a physician, authorized pursuant to the provisions of §30-3-1 et seq.

or §30-14-1 et seq.

of this code, who is a bona fide member of the hospital’s medical staff.

(3) “Hospital” means a facility licensed pursuant to the provisions of §16-5b-1 et seq.

of this code, and any acute care facility operated by the state government, that primarily provides inpatient diagnostic, treatment, or rehabilitative services to injured, disabled, or sick individuals under the supervision of physicians.

(b)(1) If no mental hygiene commissioner, no designated county magistrate, and no circuit judge is unavailable or unable to be contacted, an authorized staff physician may order the involuntary hospitalization of an individual who seeks treatment or presents himself or herself at a hospital emergency department in need of treatment, if the authorized staff physician believes, following an examination of the individual, that the individual is addicted or is mentally ill and, because of his or her addiction or mental illness, is likely to cause serious harm to himself or herself or to other individuals if allowed to remain at liberty.

Immediately upon admission, or as soon as practicable thereafter, but in no event later than 24 hours after admission, the authorized staff physician or designated employee shall file a mental hygiene petition in which the authorized staff physician certifies the individual for whom the involuntary hospitalization is sought is addicted or is mentally ill and, because of his or her addiction or mental illness, is likely to cause serious harm to himself or herself or other individuals if allowed to remain at liberty.

The authorized staff physician shall also certify the same in the individual’s health records.

Upon receipt of this filing, the mental hygiene commissioner, designated county magistrate, or circuit judge shall conduct a hearing pursuant to §27-5-2 of this code.     (2) An individual who is involuntarily hospitalized pursuant to this section shall be released from the hospital within 48 hours unless further detained under the applicable provisions of this article.

(c) Each health care provider which provides services under this section shall be paid for the services at the same rate the health care provider negotiates with the patient’s insurer.

If the patient is uninsured, the health care provider may file a claim for payment with the West Virginia Legislative Claims Commission in accordance with §14-2-1 et seq.

of this code.

(d) Persons carrying out duties or rendering professional opinions as provided in this section are free of personal liability for the actions, if the actions are performed in good faith and within the scope of their professional duties and in a manner consistent with standard of care.

(e) The West Virginia Supreme Court of Appeals shall provide each hospital with a list of names and contact information of the mental hygiene commissioners, designated county magistrates, and circuit judges to address mental hygiene petitions in the county where the hospital is located.  The West Virginia Supreme Court of Appeals shall update this list regularly and the list shall reflect on-call information.

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