West Virginia legislation · 2026 Regular Session
West Virginia SB742: Modifying requirements for involuntary hospitalization
Status: Chaptered, April 2, 2026
What the bill says
An act to amend and reenact §27-5-2a of the Code of West Virginia, 1931, as amended, relating to modifying the requirements for involuntary hospitalization; permitting authorized staff physician to determine whether a person requires a 72-hour involuntary hospitalization without first contacting a list of enumerated individuals; and increasing the deadline for filing a mental hygiene petition from 24 to 72 hours from the time of involuntary hospitalization. ARTICLE 5. INVOLUNTARY HOSPITALIZATION. §27-5-2a. Process for involuntary hospitalization. (a) As used in this "Authorized staff physician.
From the enrolled text, March 14, 2026:
AN ACT to amend and reenact §27-5-2a of the Code of West Virginia, 1931, as amended, relating to modifying the requirements for involuntary hospitalization; permitting authorized staff physician to determine whether a person requires a 72-hour involuntary hospitalization without first contacting a list of enumerated individuals; and increasing the deadline for filing a mental hygiene petition from 24 to 72 hours from the time of involuntary hospitalization. ARTICLE 5. INVOLUNTARY HOSPITALIZATION. §27-5-2a. Process for involuntary hospitalization. (a) As used in this "Authorized staff physician" means a physician, authorized pursuant to the provisions of §30-3-1 et seq. or §30-14-1 et seq. of this code, who is a bona fide member of the hospital's medical staff; "Hospital" means a facility licensed pursuant to the provisions of §16B-3-1 et seq. of this code, and any acute care facility operated by the state government that primarily provides inpatient diagnostic, treatment, or rehabilitative services to injured, disabled, or sick individuals under the supervision of physicians; and "Psychiatric emergency" means an incident during which an individual loses control and behaves in a manner that poses substantial likelihood of physical harm to himself, herself, or others. (b)(1) An authorized staff physician may order the involuntary hospitalization of a patient or an individual who is present at, or presented at, a hospital emergency department in need of treatment, …