H. B. 2908
(By Delegates Phillips, Hall, Martin,
Argento and Klempa)
[Introduced March 3, 2009; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend and reenact §27-4-1 and §27-4-3 of the Code of West
Virginia, 1931, as amended, all relating to raising the age of
consent that a minor may refuse mental health treatment from
twelve to eighteen; and clarifying that the state not be
obligated to pay for voluntary hospitalization.
Be it enacted by the Legislature of West Virginia:
That §27-4-1 and §27-4-3 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 4. VOLUNTARY HOSPITALIZATION.
§27-4-1. Authority to receive voluntary patients.
The chief medical officer of a mental health facility, subject
to the availability of suitable accommodations and to the rules and
regulations promulgated by the board of health, shall admit for
diagnosis, care and treatment any individual:
(a) Over eighteen years of age who is mentally ill, mentally retarded or addicted or who has manifested symptoms of mental
illness, mental retardation or addiction and who makes application
for hospitalization; or
(b) Under eighteen years of age who is mentally ill, mentally
retarded or addicted or who has manifested symptoms of mental
illness, mental retardation or addiction and there is application
for hospitalization therefor in his or her behalf: (1) By the
parents of such person; or (2) if only one parent is living, then
by such parent; or (3) if the parents are living separate and
apart, by the parent who has the custody of such person; or (4) if
there is a guardian who has custody of such person, then by such
guardian. Such admission shall be conditioned upon the consent of
the prospective patient if he or she is twelve eighteen years of
age or over.
(c) No person under eighteen years of age shall be admitted
under this section to any state hospital unless said person has
first been reviewed and evaluated by a local mental health facility
and recommended for admission.
(d) Nothing in this section may be construed to obligate the
State of West Virginia for costs of hospitalizations permitted by
the provisions of this section.
§27-4-3. Right to release on application.
A voluntary patient who requests his or her release or whose
release is requested in writing by his or her parents, parent, guardian, spouse or adult next of kin shall be released forthwith
except that:
(a) If the patient was admitted on his or her own application,
and request for release is made by a person other than the patient,
release shall be conditioned upon the agreement of the patient
thereto;
(b) If the patient is under twelve eighteen years of age, his
or her release prior to becoming twelve eighteen years of age may
be conditioned upon the consent of the person or persons who
applied for his or her admission; or
(c) If, within ninety-six hours of the receipt of the request,
the chief medical officer of the mental health facility in which
the patient is hospitalized files with the clerk of the circuit
court or Mental Hygiene Commissioner of the county where the
facility is situated an application for involuntary hospitalization
as provided in section four, article five of this chapter, release
may be postponed for twenty days pending a finding in accordance
with the legal proceedings prescribed therein.
Legal proceedings for involuntary hospitalization shall not be
commenced with respect to a voluntary patient unless release of the
patient has been requested by him or her or the individual or
individuals who applied for his or her admission.
NOTE: The purpose of this bill is to change the age of consent
for refusal of mental health treatment from twelve to eighteen. The bill also clarifies that the state is not obligated to pay for
voluntary hospitalizations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.