SB 29 — Relating to involuntary hospitalization order by physician in certain cases

NEWS RELEASES HELPFUL LINKS IntroducedSB29 VersionSUB1 « Senate Bill 29 History OTHER VERSIONS  —  CommitteeIntroduced SubstituteVersion (1)  |   |  Email Key:

Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 29 By SenatorSenators Maroney [Introducedand JanuaryRoberts 8,[Originating 2020;in the Committee on Health and Human Resources;

referredreported on February 14, 2020] A BILL to amend the CommitteeCode onof HealthWest 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 Humanlikely Resources;to cause serious harm to himself or herself or other individuals;

and then to the Committee on the Judiciary]   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 physician to order the involuntary hospitalization of an individual whom the physician believes is addicted or mentally ill;

andproviding limitingfor liability.payment for services;

limiting liability;

providing that no action taken is considered to be an adjudication;

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.

InvoluntaryProcess hospitalizationfor orderinvoluntary byhospitalization. a physician.

(1) “Addiction” ashas used in this section shall have 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.

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

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.

of(4) this“Psychiatric code,emergency” andmeans anyan acuteincident careduring facilitywhich operatedan byindividual theloses statecontrol government,and thatbehaves primarilyin providesa inpatientmanner diagnostic,that treatmentposes orsubstantial rehabilitativelikelihood servicesof physical harm to injured,himself, disabledherself, or sickothers. persons under the supervision of physicians.

(b)(1) AnIf a mental hygiene commissioner, the designated county magistrate, and a circuit judge are unavailable or unable to be immediately contacted, an authorized staff physician may order the involuntary hospitalization of aan personindividual who ispresents presentfor at,treatment or is presented at,for treatment at a hospital emergency department in need of treatment, if the authorized staff physician believesbelieves, following an examination of the individual, that the individual is addicted or is mentally illill, and,and because of his or her addiction or mental illness,illness is likely to cause serious harm to themselves or to others if allowed to remain at liberty.

(2) WithinImmediately upon admission, or as soon as practicable thereafter, but in no event later than 24 hours ofafter thean involuntary hospitalizationhospitalization, underpursuant to this section, the authorized staff physician orderingor thedesignated involuntaryemployee hospitalizationshall offile thea individualmental shallhygiene certifypetition in which the individual’sauthorized healthstaff recordphysician certifies that in his or her professional opinion the individual shouldfor bewhom involuntarilythe hospitalizedinvoluntary becausehospitalization theis individualsought is addicted or is mentally illill, and,and because of his or her addiction or mental illness,illness is likely to cause serious harm to themselves or to othersother 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.

(c) EachDuring healtha careperiod providerof whichinvoluntary provideshospitalization servicesauthorized underby this sectionsection, shallupon beconsent paidof for the servicesindividual ator in the sameevent rateof thea healthmedical careor providerpsychiatric negotiatesemergency, with the patient’sindividual insurer.may receive treatment.

IfThe themedical patientprovider isshall uninsured,exercise thedue healthdiligence carein providerdetermining maythe fileindividual’s aexisting claimmedical withneeds theand Westprovide Virginiatreatment Legislativethe Claimsindividual Commissionrequires, forincluding payment.previously prescribed medications.

(d) PersonsEach carryinghealth outcare dutiesprovider orwhich renderingprovides professionalservices opinionsunder as provided in this section areshall freebe ofpaid personal liability for the actions,services ifat the actionssame arerate performed in good faith and within the scopehealth ofcare hisprovider ornegotiates her professional duties and in a manner consistent with acceptedthe professionalpatient’s practices.insurer.

 If NOTE: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.

(e) Persons and hospitals carrying out duties or rendering professional opinions as provided in this section shall be free from liability for such actions, if such actions are performed in good faith and within the scope of his or her professional duties and in a manner consistent with the standard of care.

(f) By no later than July 1, 2020, 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.

If a mental hygiene commissioner, designated county magistrate, or circuit judge does not respond to the request within a report shall be filed by to the West Virginia Supreme Court of Appeals.

(g) No action taken against an individual pursuant to this section may be construed to be an adjudication of the individual, nor shall any action taken pursuant to this section be construed to satisfy the requirements of §61-7-7(a)(4).

    NOTE:

The bill sets forth a procedure.procedure, defines terms and limits liability.

The bill defines terms.

The bill limits liability.