OMMITTEE SUBSTITUTE

FOR

H. B. 4214

(By Delegates Perdue, Fleischauer, Diserio, Eldridge, Kinsey, Lawrence, Marshall, Moore and Poore)

(Originating in the House Committee on the Judiciary)

[February 5, 2014]

A BILL to amend and reenact §27-7-1 of the Code of West Virginia, 1931, as amended, relating to notice to persons discharged from a mental health facility.

Be it enacted by the Legislature of West Virginia:

    That §27-7-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 7. RELEASE, DISCHARGE AND READMISSION OF PATIENTS; ESCAPEES.

§27-7-1. Discharge.

    (a) The chief medical officer of the mental health facility shall continually review the case of each individual who is an involuntary patient at the facility pursuant to article five of this chapter and shall as frequently as practicable, in any event at least once every three months, cause a complete psychiatric examination of each patient, and whenever it is determined that the conditions justifying involuntary hospitalization no longer exist or that the individual can no longer benefit from hospitalization, the chief medical officer shall discharge the patient, and forward a copy of the patient's discharge to the clerk of the circuit court or mental hygiene commissioner of the county in which the involuntary hospitalization was ordered and to the circuit court or mental hygiene commissioner of the county wherein the individual is a resident.

    (b) Upon discharge of a patient, and when the patient is stable and considered competent by the chief medical officer of the facility, an employee of the mental health facility shall offer the patient assistance in identifying and designating an appropriate person to serve as durable medical power of attorney for the patient. The employee shall notify the patient of the advantages of designating someone to serve as durable medical power of attorney and provide information to the patient as needed regarding obtaining assistance in executing the required documents.