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Article 1. Words and Phrases Defined
§27-1-1. Definitions - The following words and phrases when used in this chapter...
§27-1-2. Mental Illness - "Mental illness" means a manifestation in a person of significantly...
§27-1-3. Intellectual Disability - "Intellectual disability" means significantly subaverage intellectual functioning which manifests itself...
§27-1-4. Inebriate - An "inebriate" person is anyone over the age of eighteen...
§27-1-5. Physician - A "physician" is a person licensed under the laws of...
§27-1-6. State Hospital - "State hospital" means any hospital, center or institution, or part...
§27-1-7. Administrator and Clinical Director - (a) The administrator of a state-operated treatment facility is its...
§27-1-8. Resident of State and County - A "resident of the state" is any person who has...
§27-1-9. Mental Health Facility - "Mental health facility" means any inpatient, residential or outpatient facility...
§27-1-10. Psychologists and Psychiatrists - (a) For the purposes of this chapter, "psychologist" means any...
§27-1-11. Addiction - (a) As used in this chapter, "addiction" or substance use...
§27-1-12. Likely to Cause Serious Harm - (a) "Likely to cause serious harm" means an individual is...
§27-1-13. Chief Medical Officer - "Chief medical officer" means the physician responsible for medical programs...
§27-1-14. Detained or Taken Into Custody - "Detained or taken into custody" where used in this chapter...
§27-1-15. Computation of Time - The provisions of section one, article two, chapter two of...
§27-1-16. Incapacitated - "Incapacitated" means a level of intoxication at which an individual...
§27-1-17. Judicial Officer - "Judicial officer" in the context of the provisions of this...
Article 1A. Department of Health
§27-1A-1. Statement of Policy - The purpose of this article is to improve the administration...
§27-1A-2. Creation; Composition; Control of State Hospitals - There shall be a state department of mental health, to...
§27-1A-3. Appointment of Commissioner; Qualifications; Term; Oath; Bond; Salary and Expenses - The Governor shall appoint the Commissioner of the Department of...
§27-1A-4. Powers and Duties of the Secretary - In addition to the powers and duties set forth in...
§27-1A-5. Division of Administration; Deputy; Deputy Commissioner; Deputy Commissioner's Qualifications, Powers and Duties - There shall be a division of administration in the department...
§27-1A-6. Division of Professional Services; Powers and Duties of Supervisor; Liaison With Other State Agencies - There is a Division of Professional Services established in the...
§27-1A-7. Division of Community Services; Powers and Duties of Supervisor - There shall be a division of community services in the...
§27-1A-8. Superintendents to Pay Money to State Treasury Through Department of Mental Health; Appropriations; Deficiency; How Met - All moneys and funds belonging to the state which shall...
§27-1A-9. Transfer of Control, Records and Property From Board of Control to Department of Mental Health - The control of the financial, business and all other affairs...
§27-1A-10. Transfer of Records and Personnel From Department of Health to Division of Community Services - The state Department of Health shall transfer to the Division...
§27-1A-11. Division on Alcoholism and Drug Abuse; Powers and Duties; Definitions - (a) The division on alcoholism, heretofore established in the department...
§27-1A-12. Independent Informal Dispute Resolution - (a) A behavioral health provider licensed by the Department of...
Article 2. Mental Health Facilities
§27-2-1. State Hospitals and Other Facilities; Transfer of Control and Property From Department of Mental Health to Department of Health and Human Resources; Civil Service Coverage - The state hospitals heretofore established at Weston, Huntington and Lakin,...
§27-2-2. Superintendents; Qualifications and Exceptions Therefrom; Salaries of Superintendents and Other Officers and Employees; Furnishing of Meals, Household Facilities, etc. - The superintendent of a state hospital shall be appointed for...
§27-2-3. Rules as to Patients - The director of health shall implement rules and regulations as...
§27-2-4. Forms for Committing Patients; Other Records - The director of health shall have authority to prepare, prescribe...
§27-2-5. Reports by Superintendents; Records of Director of Health - The superintendent of each state hospital shall furnish to the...
§27-2-6. Moneys Received by State Hospitals and Facilities - All moneys and funds belonging to the state which shall...
Article 2A. Mental Health-Intellectual Disability Centers
§27-2A-1. Comprehensive Community Mental Health-Intellectual Disability Centers; Establishment, Operation and Location; Access to Treatment - (a) The Department of Health and Human Resources is authorized...
Article 3. Confidentiality
§27-3-1. Definition of Confidential Information; Disclosure - (a) Communications and information obtained in the course of treatment...
§27-3-2. Authorization of Disclosure of Confidential Information - No consent or authorization for the transmission or disclosure of...
Article 4. Voluntary Hospitalization
§27-4-1. Authority to Receive Voluntary Patients - (a) The chief medical officer of a mental health facility,...
§27-4-2. Release of Voluntary Patients - The chief medical officer of a mental health facility shall...
§27-4-3. Right to Release on Application - A voluntary patient who requests his or her release or...
§27-4-4. Admission and Treatment of Voluntary Patients; Statement of Rights; Consent for Treatment - (a) No person shall be admitted as an inpatient into...
Article 5. Involuntary Hospitalization
§27-5-1. Appointment of Mental Hygiene Commissioner; Duties of Mental Hygiene Commissioner; Duties of Prosecuting Attorney; Duties of Sheriff; Duties of Supreme Court of Appeals; Use of Certified Municipal Law-Enforcement Officers - (a) Appointment of mental hygiene commissioners. The chief judge in...
§27-5-1a. Appointment of Attorney to Aid Prosecutor; Certification of Performance; Fee - If, in any case, the prosecuting attorney and his assistants...
§27-5-1b. Pilot Projects and Other Initiatives - (a) Duties of the Department of Health and Human Resources....
§27-5-2. Institution of Proceedings for Involuntary Custody for Examination; Custody; Probable Cause Hearing; Examination of Individual - (a) Any adult person may make an application for involuntary...
§27-5-2a. Process for Involuntary Hospitalization - (a) As used in this section: (1) "Addiction" has the...
§27-5-3. Admission Under Involuntary Hospitalization for Examination; Hearing; Release - (a) Admission to a mental health facility for examination. An...
§27-5-3a. Legal Effect of Commitment After Determined Not to Be Based on Mental Illness or Addiction - (a) In the event that a person is involuntarily hospitalized,...
§27-5-4. Institution of Final Commitment Proceedings; Hearing Requirements; Release - (a) Involuntary commitment. Except as provided in 27-5-2 and 27-5-3...
§27-5-5. Judicial Review - Any individual adversely affected by any order of commitment entered...
§27-5-7. Hospitalization by Agency of the United States - If an individual ordered to be hospitalized pursuant to section...
§27-5-9. Rights of Patients - (a) No person may be deprived of any civil right...
§27-5-10. Transportation for the Mentally Ill or Persons With Substance Use Disorder - (a) Whenever transportation of an individual is required under the...
§27-5-11. Modified Procedures for Temporary Compliance Orders for Certain Medication Dependent Persons With Prior Hospitalizations or Convictions; Instituting Modified Mental Hygiene Procedures; Establishing Procedures; Providing for Forms and Report... - (a) The Supreme Court of Appeals shall, in consultation with...
Article 6. Suicide Prevention and Awareness
§27-6-1. Dissemination of Information - (a) The Bureau for Behavioral Health and Health Facilities shall,...
Article 6A. Competency and Criminal Responsibility of Persons Charged or Convicted of a Crime
§27-6A-1. Qualified Forensic Evaluator; Qualified Forensic Psychiatrist; Qualified Forensic Psychologist; Definitions and Requirements - (a) For purposes of this article: (1) "Competency restoration" means...
§27-6A-2. Competency of Defendant to Stand Trial; Cause for Appointment of Qualified Forensic Evaluator; Written Report; Observation Period; Rules - (a) Whenever a court of record has reasonable cause to...
§27-6A-3. Competency of Defendant to Stand Trial Determination; Preliminary Finding; Hearing; Evidence; Disposition - (a) Within five days of the receipt of the qualified...
§27-6A-4. Criminal Responsibility or Diminished Capacity Evaluation; Court Jurisdiction Over Persons Found Not Guilty by Reason of Mental Illness - (a) If the court of record finds, upon hearing evidence...
§27-6A-5. Release of Acquittee to Less Restrictive Environment; Discharge From Jurisdiction of the Court; Conditional Release; and Commitment - (a) Upon receipt of the evaluation report as provided in...
§27-6A-6. Judicial Hearing of Defendant S Defense Other Than Not Guilty by Reason of Mental Illness - If a defendant who has been found to be not...
§27-6A-7. Release of Defendant During Course of Criminal Proceedings - Notwithstanding any finding of incompetence to stand trial under the...
§27-6A-8. Credit for Time; Expenses - (a) If a person is convicted of a crime, any...
§27-6A-9. Competency to Be Adjudicated in Juvenile Court - In a similar manner and in accordance with procedures set...
§27-6A-10. Medications and Management of Court-Ordered Individuals - (a) At any time pursuant to 27-6A-2, 27-6A-3, or 27-6A-4...
§27-6A-11. Payment to Forensic Evaluators - The department shall pay qualified forensic evaluators for all matters...
§27-6A-12. Study of Adult Criminal Competency and Responsibility Issues; Requiring and Requesting Report and Proposed Legislation; Submission to Legislature - [Repealed.]
§27-6A-13. Dangerousness Assessment Advisory Board - (a) The Dangerousness Assessment Advisory Board is continued. The board...
Article 7. Release, Discharge and Readmission of Patients; Escapees
§27-7-1. Discharge - The chief medical officer of the mental health facility shall...
§27-7-2. Release of Patients on Convalescent Status - (a) The chief medical officer of a mental health facility...
§27-7-3. Release as Unimproved - The chief medical officer of a mental health facility may...
§27-7-4. Readmission of Patients - While any involuntary patient is out of the mental health...
§27-7-5. Return of Escapees; Veterans - If any person confined in a mental health facility, pursuant...
Article 8. Maintenance of Mentally Ill or Mentally Retarded Patients
§27-8-1. Maintenance of Patients; Patient Assets; Reimbursement Procedures - The cost of the maintenance of patients admitted to the...
§27-8-2b. Local Mental Health Programs -- Separate Account for Receiving and Expending Gifts, Bequests, Donations, Fees and Miscellaneous Income - A county court establishing a local mental health program as...
§27-8-3. Care of Patients in Boarding Homes - The director of health may, upon the recommendation of the...
Article 9. Licensing of Hospitals
§27-9-1. License From Secretary of Health and Human Resources; Regulations - No behavioral health center shall provide behavioral health services unless...
Article 10. West Virginia Training School
§27-10-1. To 27-10-5 - Repealed. Acts, 1965 Reg. Sess., Ch. 98.
Article 11. Committee; Disposition of Property
§27-11-1. To 27-11-5 - Repealed. Acts, 1994 Reg. Sess., Ch. 64.
Article 12. Offenses
§27-12-1. Malicious Making of Medical Certificate or Complaint as to Mental Condition - Any physician who signs a certificate respecting the mental condition...
§27-12-2. Trespass on Grounds of State Hospitals - The enclosed premises and the lands adjoining the same belonging...
§27-12-3. Miscellaneous Offenses - If any person shall entice any patient from any state...
Article 13. Laws Repealed; Severability
§27-13-1. Laws Repealed - All other laws or parts of law inconsistent with the...
§27-13-2. Severability - If any provision of this chapter or the application thereof...
Article 14. Interstate Compact on Mental Health
§27-14-1. Governor to Execute Compact - The Governor of this state is hereby authorized and directed...
§27-14-2. Compact Administrator - The director of health shall be the compact administrator and,...
§27-14-3. Supplementary Agreements - The compact administrator is hereby authorized and empowered to enter...
§27-14-4. Financial Arrangements - The compact administrator, subject to the approval of the State...
§27-14-5. Transmittal of Copies of Article - Duly authenticated copies of this article shall, upon its approval,...
Article 15. Interstate Compact on the Mentally Disordered Offender
§27-15-1. Enactment of Compact - The interstate compact on the mentally disordered offender, hereinafter called...
§27-15-2. Who May Enter Into Contracts Under Compact - The Governor, the state commissioner of public institutions, the state...
§27-15-3. Effective Date - §27-15-3. Effective date. The effective date of this article shall...
Article 17. Group Residential Facilities
§27-17-1. Definitions - (a) "Developmental disability" means a chronic disability of a person...
§27-17-2. Permitted Use of Group Residential Facilities; Restrictions - Both a group residential facility and a group residential home...
§27-17-3. License From Secretary of Health and Human Resources; Regulations; and Penalties - (a) No group residential facility shall be established or operated...
§27-17-4. Exclusion by Private Agreement Void - Any restriction, reservation, condition, exception or covenant in any subdivision...