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WV HB3093
Bill
Status
3/3/2025
Primary Sponsor
Kathie Crouse
Click for details
AI Summary
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Establishes that mental health service providers who perform involuntary custody examinations cannot be held civilly liable regardless of the examination results, unless they acted with negligence demonstrated by clear and convincing evidence or acted in bad faith
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Applies to physicians, psychologists, licensed professional counselors, licensed independent clinical social workers, advanced nurse practitioners with psychiatric certification, and physician assistants authorized to conduct mental hygiene examinations
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Removes previous language that limited liability protection only to examiners who determined an individual should be immediately released (finding no mental illness or likelihood of harm)
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Updates the Diagnostic and Statistical Manual of Mental Disorders reference from "most recent" edition to specifically the "fifth" edition for defining substance use disorder
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Adds technical clarifications throughout the involuntary hospitalization statute, including specifying "circuit court judge" rather than just "circuit court" in various provisions
Legislative Description
To provide for immunity for mental health providers who are involved in mental hygiene checks.
Human Services
Last Action
To House Judiciary
3/3/2025