(a) At any time pursuant to 27-6A-2, 27-6A-3, or 27-6A-4 of this code, an individual is court ordered to a mental health facility or state hospital, the individual has the right to receive treatment under the standards of medical management.
(b) An individual with health care decision-making capacity may refuse medications or other management unless court-ordered to be treated, or unless a treating clinician determines that medication or other management is necessary in emergencies or to prevent danger to the individual or others: Provided, That medication management intended to treat an individuals condition that causes or contributes to incompetency shall constitute treatment.
Structure West Virginia Code
Chapter 27. Mentally Ill Persons
Article 6A. Competency and Criminal Responsibility of Persons Charged or Convicted of a Crime
§27-6A-6. Judicial Hearing of Defendant S Defense Other Than Not Guilty by Reason of Mental Illness
§27-6A-7. Release of Defendant During Course of Criminal Proceedings
§27-6A-8. Credit for Time; Expenses
§27-6A-9. Competency to Be Adjudicated in Juvenile Court
§27-6A-10. Medications and Management of Court-Ordered Individuals