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Introduced Version Senate Bill 344 History

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sb344 intr
Senate Bill No. 344

(By Senators Kessler and Minard)

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[Introduced February 24, 2009; referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §27-7-4 of the Code of West Virginia, 1931, as amended, relating to authorizing mental hygiene commissioners to sign readmission orders.

Be it enacted by the Legislature of West Virginia:
That §27-7-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 7. RELEASE, DISCHARGE AND READMISSION OF PATIENTS; ESCAPEES.

§27-7-4. Readmission of patients.

While any involuntary patient is out of the mental health facility under the provisions of section two or three of this article, he or she may be readmitted to the mental health facility on the basis of the original commitment. If there is reason to believe that it is in the best interest of the patient to be hospitalized, the chief medical officer of the mental health facility may issue a sworn notice for the immediate rehospitalization readmission of the patient, which notice shall contain facts concerning the original commitment and the current condition of the patient. This notice shall be sent to the circuit court or mental hygiene commissioner or to the clerk of the circuit court which ordered his or her admission, as the case may be, and to the clerk of the circuit court of the county of the patient's residence and to the circuit court or mental hygiene commissioner of the county in which the patient may be found. Upon receipt of such notice, the circuit court or mental hygiene commissioner may, if satisfied that the condition of the patient warrants his or her return, authorize any health officer or police officer to take the patient into custody and transport him or her to a the mental health facility where the notice originated.
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(NOTE: The purpose of this bill is to authorize mental hygiene commissioners to sign readmission orders.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)
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