West Virginia 2022 Regular Session

West Virginia Senate Bill SB180

Introduced
1/12/22  

Caption

Removing requirement that determination of medical stability be found prior to admission to mental health facility

Impact

The implications of SB180 are significant for state mental health laws as it modifies the protocol for involuntary admissions. By eliminating the prerequisite of a medical stability determination, the bill hopes to reduce the barriers to accessing necessary mental health care for individuals in urgent situations. However, it also raises concerns about the adequacy of immediate care and whether individuals' physical health needs are being adequately addressed before treatment for mental health issues begins.

Summary

Senate Bill 180 aims to amend existing laws regarding the involuntary hospitalization of individuals with mental health conditions in West Virginia. The primary focus of the bill is to remove the requirement that a determination of medical stability be established prior to admitting an individual into a mental health facility. This change is intended to streamline the process of admission, allowing individuals who may be in crisis to receive care promptly, even if they have not been assessed for medical stability right away. Additionally, the bill specifies that a physical examination could be conducted upon admission, enhancing the level of care provided.

Sentiment

The discussion surrounding SB180 reflects a mixed sentiment among legislators and mental health advocates. Proponents argue that the bill is an essential step toward ensuring that individuals in crisis receive timely support, potentially saving lives in emergency situations. Conversely, critics express concern that bypassing the medical stability requirement could lead to improper admissions, where individuals with unresolved medical conditions may not receive the appropriate attention they need upon entering the mental health system. This dichotomy presents a challenging debate between the urgency of treatment and the thoroughness of initial evaluations.

Contention

Notable points of contention revolve around the balance between expedient care and maintaining rigorous admission standards. Supporters emphasize the need for quick interventions for those facing immediate mental health crises, while detractors warn about the possible consequences of rushing the process. Some fear that without clear safeguards, individuals may undergo involuntary hospitalization without a comprehensive understanding of their complete health status, risking both their mental and physical well-being.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2280

Surgical & medical trtmt. of certain minors; parental consent, admission to mental health facility.

WV HF4366

Civil commitment priority admission requirements modified, prisoner in a correctional facility specified to not be responsible for co-payments for mental health medications, county co-payment expense reimbursement allowed, and money appropriated.

WV HB730

AN ACT relating to medical transports and admissions.

WV SB01022

An Act Concerning Requirements For Facilities That Complete Medicare Or Medicaid Applications For Patients.

WV HB3094

Removing liability for mental health professionals providing services in mental hygiene cases involving possible involuntary hospitalization

WV HB5154

Removing liability for mental health professionals providing services in mental hygiene cases involving possible involuntary hospitalization

WV SB834

Relating to facilities that provide mental health treatment.

WV HB3182

Relating generally to mental health treatment

WV HB2370

Relating generally to mental health treatment

WV HB4684

Relating generally to mental health treatment

Similar Bills

WV SB761

Creating Joel Archer Substance Abuse Intervention Act

WV HB2347

The Joel Archer Substance Abuse Intervention Act.

IL SB2185

CD CORR-OPIOID USE DISORDER

WV HB4377

To update the involuntary commitment process

HI HB2021

Relating To Health.

HI SB2152

Relating To Health.

WV HB2370

Relating generally to mental health treatment

WV HB3182

Relating generally to mental health treatment