West Virginia 2024 Regular Session

West Virginia House Bill HB5543

Introduced
2/9/24  

Caption

Relating to petition for involuntary treament for drug and alcohol abuse

Impact

Should HB5543 be enacted, it would significantly influence the legal and healthcare context surrounding substance use disorders in the state. It would allow for court-ordered treatment, initiating through a petition filed by concerned relatives or friends. The bill mandates that a hearing occurs within fourteen days of filing the petition, ensuring that due process is respected while addressing the urgency in treating individuals facing imminent danger due to their substance misuse. The proposal highlights the balance between protecting individuals’ rights and the need for public safety.

Summary

House Bill 5543 seeks to establish a framework for involuntary treatment for individuals suffering from substance use disorders in West Virginia. The bill details the legal procedures necessary for imposing such treatment, including the criteria under which an individual may be deemed a threat due to their substance use, and subsequently ordered to undergo treatment through court intervention. Notably, the legislation aims to protect certain rights of those involuntarily admitted for treatment, aligning them with the rights guaranteed to involuntarily hospitalized mentally ill individuals.

Sentiment

The sentiment surrounding HB5543 appears to be cautiously supportive among those who advocate for more structured approaches to handling substance abuse issues, particularly those that pose a risk to the individual or others. However, concerns are raised by advocates for personal rights who worry that involuntary treatment may infringe upon personal freedoms. This divergence reflects ongoing societal debates about the best methods to manage addiction and public health, signaling that the bill may encounter both support and opposition during legislative discussions.

Contention

Controversies related to HB5543 center around the implications of involuntary treatment and the potential for misuse of judicial power. Some stakeholders question the ethical ramifications of forcibly subjecting individuals to treatment without their consent, even in the face of apparent danger. Critics argue that the bill could lead to wrongful incarcerations or further stigmatize those struggling with addiction. Therefore, as the legislative process unfolds, the dialogue will likely focus on establishing safeguards to prevent potential abuses while achieving the bill's intended public health outcomes.

Companion Bills

No companion bills found.

Previously Filed As

WV SB196

Creating Substance Abuse Intervention Act

WV SB621

Requiring sheriff to serve child abuse and neglect petitions

WV HB3182

Relating generally to mental health treatment

WV HB2793

Relating to mental health treatment for inmates

WV HB2106

Relating to family courts and juvenile petitions

WV SB698

Updating term of "physician assistant" to "physician associate"

WV HB2017

Relating to service of process in child abuse cases

WV HB2006

Relating to reorganizing the Department of Health and Human Resources

WV HB3306

Relating to the organizational structure of the Office of Drug Control Policy

WV HB3465

Relating to an involuntary commitment pilot program

Similar Bills

HI SB132

Relating To Alcohol And Substance Abuse.

HI SB132

Relating To Alcohol And Substance Abuse.

CA SB748

Disability access and information: local government: notice.

CA SB904

Controlled substances: treatment.

CA SB46

Controlled substances: treatment.

NJ S1845

Requires DOC and county correctional facilities to provide certain inmates with medication-assisted treatment.

NJ A2256

Requires DOC and county correctional facilities to provide certain inmates with medication-assisted treatment.

NJ A3538

Requires DOC and county correctional facilities to provide certain inmates with medication-assisted treatment.