WVC 16 - 30 - 24
§16-30-24. Need for a second opinion regarding incapacity for
persons with psychiatric mental illness,
intellectual disability or addiction.
For persons with psychiatric mental illness, intellectual
disability or addiction who have been determined by their attending
physician or a qualified physician to be incapacitated, a second
opinion by a qualified physician or qualified psychologist that the
person is incapacitated is required before the attending physician
is authorized to select a surrogate. The requirement for a second
opinion does not apply in those instances in which the medical
treatment to be rendered is not for the person's psychiatric mental
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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