West Virginia 2022 Regular Session

West Virginia House Bill HB4377

Introduced
1/25/22  
Refer
1/25/22  
Refer
2/16/22  
Engrossed
3/1/22  
Refer
3/2/22  
Refer
3/2/22  
Report Pass
3/10/22  
Enrolled
3/12/22  
Passed
3/12/22  

Caption

To update the involuntary commitment process

Impact

The impact of HB 4377 is significant as it perpetuates a shift towards a more structured and regulated process for involuntary commitments, enhancing the rights of individuals subject to such procedures. The introduction of pilot projects aims to evaluate alternative methods for patient transportation, providing flexibility in implementation while mitigating the risks associated with reliance on law enforcement for transportation. Additionally, the bill clarifies the legal complexities surrounding whether involuntary hospitalization resulting from physical health issues counts as mental health commitment concerning rights to firearms and professional licenses.

Summary

House Bill 4377 aims to amend the existing legislation concerning the involuntary commitment process in West Virginia. This bill seeks to address and simplify the existing framework for assessing individuals for mental health and substance use disorders while ensuring compliance with due process rights. The legislation introduces new provisions for the handling of involuntary commitments, including the use of video conferencing for evaluations and hearings, establishing clearer guidelines for transportation of patients, and creating a standardized audit process for mental health services to maintain accountability and proper treatment standards. The Governor signed the bill to take effect ninety days post-passage.

Sentiment

The overall sentiment regarding HB 4377 appears to be cautiously optimistic. Supporters argue that the amendments presented in the bill are essential for modernizing the mental health commitment process and improving care for individuals facing severe mental health crises. However, anxieties persist among opponents who raise concerns that while the bill may streamline processes, it could unintentionally affect local jurisdictional practices and patient care particularities, potentially leading to systemic oversights in addressing unique community needs.

Contention

Notable points of contention within the discussions around HB 4377 encompass concerns regarding the mental health services audit provisions and who is entitled to perform evaluations and determinations concerning patients' commitments. Critics question the extent of oversight and qualifications required for alternative transportation providers, fearing that lax regulations may compromise the safety and well-being of patients in critical conditions. Additionally, balancing the expedited process versus ensuring that patient rights are not overlooked remains an underlying theme in the discourse surrounding the bill.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3465

Relating to an involuntary commitment pilot program

WV HB4382

Relating to an involuntary commitment pilot program

WV SB661

Revising reimbursement and transportation process for post-mental health involuntary commitment

WV HB2704

Revising the reimbursement and transportation process for post mental health involuntary commitment

WV AB416

Involuntary commitment.

WV H677

Improved Data on Involuntary Commitments

WV SB53

Competency; Involuntary Civil Commitments

WV A2708

Establishes procedures for involuntary civil commitment of children.

WV HB1256

Modifications To Civil Involuntary Commitment

WV SB402

Involuntary commitment.

Similar Bills

WV HB3182

Relating generally to mental health treatment

WV HB2370

Relating generally to mental health treatment

WV HB4684

Relating generally to mental health treatment

WV HB2347

The Joel Archer Substance Abuse Intervention Act.

WV SB508

Creating mental hygiene regions by Supreme Court of Appeals

WV SB761

Creating Joel Archer Substance Abuse Intervention Act

WV HB5254

Relating generally to the creation of mental hygiene regions by the Supreme Court of Appeals

WV SB661

Revising reimbursement and transportation process for post-mental health involuntary commitment