CHAPTER 27. MENTALLY ILL PERSONS.
WVC 27 - 2 -
ARTICLE 2. MENTAL HEALTH FACILITIES.
WVC 27 - 2 - 1
§27-2-1. State hospitals and other facilities; transfer of control
and property from Department of Mental Health to
Department of Health and Human Resources; civil service
The state hospitals heretofore established at Weston,
Huntington and Lakin, are continued and known respectively as the
William R. Sharpe, Jr. Hospital, Mildred-Mitchell Bateman Hospital
and Lakin Hospital. These state hospitals and centers are managed,
directed and controlled by the Department of Health and Human
Resources. Any person employed by the Department of Mental Health
who on the effective date of this article is a classified civil
service employee shall, within the limits contained in section two,
article six of chapter twenty-nine of this code, remain in the
civil service system as a covered employee. The Secretary of the
Department of Health and Human Resources is authorized to bring the
state hospitals into structural compliance with appropriate fire
and health standards. All references in this code or elsewhere in
law to the "West Virginia Training School" shall be taken and
construed to mean and refer to the "Colin Anderson Center."
The control of the property, records, and financial and other
affairs of state mental hospitals and other state mental health
facilities is transferred from the Department of Mental Health to
the Department of Health and Human Resources. The secretary shall,
in respect to the control and management of the state hospitals and
other state mental health facilities, perform the same duties and functions as were heretofore exercised or performed by the Director
of Health. The title to all property of the state hospitals and
other state facilities is transferred to and vested in the
Department of Health and Human Resources.
Notwithstanding any other provisions of this code to the
contrary, whenever in this code there is a reference to the
Department of Mental Health, it shall be construed to mean and is
a reference to the Secretary of the Department of Health and Human
WVC 27 - 2 - 1 A
Acts, 2010 1 Ex. Sess., Ch 14.
WVC 27 - 2 - 1 B
Acts, 2010 1 Ex. Sess., Ch 14.
WVC 27 - 2 - 2
§27-2-2. Superintendents; qualifications and exceptions
therefrom; salaries of superintendents and other
officers and employees; furnishing of meals,
household facilities, etc.
The superintendent of a state hospital shall be appointed
for an indefinite period. He shall be a college graduate and
have a minimum of two years' experience in business
administration, health services administration or hospital
administration with broad knowledge of accounting, purchasing and
personnel practices as related to the rendition of health and
health related services.
The provisions of this section relating to the qualification
of persons eligible to serve as superintendent shall not apply to
any person serving in the capacity of business manager on the
effective date hereof, and who has served in such capacity for at
least six consecutive months next preceding such effective date.
The superintendents and other officers and employees of each
state hospital or center shall be paid salaries commensurate with
their duties and responsibilities, but no meals or other
emoluments of any kind shall be furnished, given or paid to such
superintendents, officers or employees as all or part of their
salary; however, such superintendents, officers and employees may
be provided meals, household facilities and supplies as may be
necessary for them to perform their duties, if such
superintendents, officers and employees agree to pay the
reasonable cost thereof as established by the director of the
department of mental health.
WVC 27 - 2 - 3
§27-2-3. Rules as to patients.
The director of health shall implement rules and regulations
as promulgated by the board of health in regard to the admission
of patients to mental health facilities, the care, maintenance
and treatment of inpatients, residents and outpatients of such
facilities and the release, trial visit and discharge of patients
No patient under eighteen years of age in any state hospital
shall be housed in any area also occupied by any patient over
eighteen years of age. Any patient adjudged by the chief medical
officer to have a likelihood of seriously harming others shall be
confined in a secure area of a health facility.
WVC 27 - 2 - 4
§27-2-4. Forms for committing patients; other records.
The director of health shall have authority to prepare,
prescribe and have printed forms to be used for commitment to and
discharge from the state hospitals.
WVC 27 - 2 - 5
§27-2-5. Reports by superintendents; records of director of
The superintendent of each state hospital shall furnish to
the director of health such information as he may require
concerning admissions, discharges, deaths and other matters. From
this and other information available to the director of health,
he shall keep such records as are necessary to enable him to have
current information concerning the extent of mental illness in
the state. The names of individuals shall not be accessible to
anyone except by permission of the director of health or by order
of a judge of a court of record.
WVC 27 - 2 - 6
§27-2-6. Moneys received by state hospitals and facilities.
All moneys and funds belonging to the state which shall come
into the possession or under the control of the superintendent or
other officer of a state hospital or facility under the control
of the department of health shall be paid to the director or his
designee twice a month, on or before the first and fifteenth of
every month, but not more than twenty days from the time such
moneys or funds were received under such rules and regulations as
the director shall prescribe. The director or his designee shall
pay such moneys and funds into the state treasury immediately in
the manner provided in article two, chapter twelve of this code.
Note: WV Code updated with legislation passed through the 2012 1st Special Session