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WV HB5003
Bill
Status
1/30/2026
Primary Sponsor
Scot Heckert
Click for details
AI Summary
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Authorized staff physicians may order involuntary hospitalization without first attempting to contact a mental hygiene commissioner, magistrate, or circuit judge, removing the prior requirement that these officials be unavailable before a physician can act
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Extends the deadline for filing a mental hygiene petition from 24 hours to 72 hours after involuntary hospitalization, and only requires filing if the physician believes treatment beyond 72 hours is needed
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Patients involuntarily hospitalized must be released within 72 hours unless further detained through proper legal proceedings under existing mental hygiene law
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Hospitals and physicians acting in good faith under this section are protected from liability when performing duties within the scope of their professional responsibilities and consistent with standard of care
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Amends West Virginia Code §27-5-2a governing the process for involuntary hospitalization of individuals who are mentally ill or have addiction and pose a risk of serious harm to themselves or others
Legislative Description
Relating to the process for involuntary hospitalization
Human Rights
Last Action
To House Judiciary
1/30/2026