ENROLLED
Senate Bill No. 75
(By Senators Blatnik, Holliday and Boley)
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[Passed Apri 10, 1993; in effect ninety days from passage.]
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AN ACT to amend and reenact section ten, article five, chapter
twenty-seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the development
of alternative transportation systems to mental health
facilities or state hospitals for individuals as required by
statute.
Be it enacted by the Legislature of West Virginia:
That section ten, article five, chapter twenty-seven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. INVOLUNTARY HOSPITALIZATION.
§27-5-10. Transportation for the mentally ill, mentally retarded
or addicted.
(a) Whenever transportation of an individual is required
under the provisions of article four or five of this chapter, it
shall be the duty of the sheriff to provide immediate
transportation to or from the appropriate mental health facility
or state hospital: Provided, That upon the written request of a
person having a proper interest in the individual's
hospitalization, the sheriff may permit such person to arrangefor the individual's transportation to the mental health facility
or state hospital by such means as may be suitable for that
person's mental condition.
(b) Upon written agreement between the county commission on
behalf of the sheriff and the directors of the local community
mental health center and emergency medical services, an
alternative transportation program may be arranged. The
agreement shall clearly define the responsibilities of each of
the parties, the requirements for program participation and the
persons bearing ultimate responsibility for the individual's
safety and well-being.
(c) Nothing in this section is intended to alter security
responsibilities for the patient by the sheriff unless mutually
agreed upon as provided in subsection (b) above.