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WV SB655
Bill
AI Summary
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Mental health professionals who perform involuntary custody examinations for potential psychiatric hospitalization are granted civil immunity from lawsuits unless they acted with negligence proven by clear and convincing evidence or acted in bad faith
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Authorized examiners include physicians, psychologists, licensed professional counselors, licensed independent clinical social workers, advanced nurse practitioners with psychiatric certification, and physician assistants
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Updates the reference for substance use disorder diagnosis from "most recent" to specifically the "fifth edition" of the Diagnostic and Statistical Manual of Mental Disorders
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Commitment decisions must be based on the least restrictive setting and outpatient community-based treatment when possible, unless clear and convincing evidence from the certifying professional establishes that inpatient hospital placement is required
Legislative Description
Providing limited immunity for mental health providers who are involved in mental hygiene checks
Human Services
Last Action
To House Judiciary
3/26/2025