Adopted by House 3-13-2010
SB 122 H JUD AM 3-4 #1
The Committee on the Judiciary moves to amend the bill on page
one, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
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. Such admission shall be conditioned upon the consent
of the prospective patient if he or she is an emancipated minor.
(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) If the candidate for voluntary admission is a minor who is
fourteen years of age or older, the admitting health care facility
shall determine if the minor consents to or objects to his or her
admission to the facility. If the parent or guardian who requested
the minor's admission under this section revokes his or her consent
at any time, or if the minor fourteen years of age or older objects
at any time to his or her further treatment, the minor shall be
discharged within ninety-six hours to the custody of the consenting
parent or guardian, unless the chief medical officeer of the mental
health facility files a petition for involuntary hospitalization,
pursuant to the provisions of section three of this article, or the
minor's continued hospitalization is authorized as an involuntary
hospitalization pursuant to the provisions of article five of this
chapter: Provided, That, if the ninety-six hour time period would
result in the minor being discharged and released on a Saturday, a
Sunday or a holiday on which the court is closed, the period of
time in which the patient shall be released by the facility shall
be extended until the next day which is not a Saturday, Sunday or
legal holiday on which the court is lawfully closed.
(e) Nothing in this section may be construed to obligate the State of West Virginia for costs of voluntary hospitalizations
permitted by the provisions of this section.
(f) Any provider must release an unemancipated minor's drug
addiction and treatment records to a parent or legal guardian
without the unemancipated minor's written consent.
§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.