WV HB3094

Mental health professionals authorized to conduct involuntary hospitalization examinations (physicians, psychologists, licensed professional counselors, licensed independent clinical social workers, advanced nurse practitioners, and physician assistants) would be shielded from liability for their examination results

Liability protection would only be removed if clear evidence of negligence, deviation from standard of care, legal causation, and compensable injury are demonstrated and affirmed by a court of competent jurisdiction

The bill removes the word "civilly" from existing language stating examiners are not liable for opinions finding individuals do not meet involuntary hospitalization criteria, absent professional negligence

Changes apply to examinations determining whether an individual is mentally ill, has a substance use disorder, or is likely to cause serious harm to themselves or others