WEST virginia legislature

2018 regular session

Introduced

House Bill 4215

By Delegates Lane, Westfall, Kelly, White, Hanshaw and Frich

[Introduced January 19, 2018; Referred
to the Committee on Health and Human Resources then the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-46-7, relating to the involuntary hospitalization of persons administered opioid antagonists.

Be it enacted by the Legislature of West Virginia:

Article 46. Access to Opioid Antagonists Act.

§16-46-7. Involuntary hospitalization of persons administered opioid antagonists.

Beginning January 1, 2019:

(a) Any person who has been administered an opioid antagonist by an initial responder shall be subject to the involuntary hospitalization provision of §27-5-3 of this code.

(b) Administration of an opioid antagonist shall constitute a waiver of the requirements for a probable cause hearing under §27-5-2 of this code.

(c) Further proceedings involving an individual involuntarily hospitalized under the provisions of this section shall be consistent with the remaining provisions of §27-5-1 et seq. of this code.

NOTE: The purpose of this bill is to involuntary hospitalize a person administered an opioid antagonist by an initial responder.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.