H. B. 4562
(By Delegates Staggers, Moye and Manypenny)
[Introduced
February 18, 2010
; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §27-7-1 of the Code of West Virginia,
1931, as amended, relating to notice to persons with
schizophrenic reality disorder of benefits of designating a
durable medical power of attorney.
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) The chief medical officer of the mental health facility,
upon discharge of an individual diagnosed with schizophrenic
reality disorder, shall offer the patient an opportunity at the
appropriate time, when the patient is stable and on medication and
is considered by the chief medical officer to be competent,
assistance in identifying and designating an appropriate person to
serve as durable medical
power of attorney for the patient. The
chief medical officer shall notify the person of the advantages of
avoiding the involuntary commitment process by designating someone
to have a durable medical power of attorney and provide information
as needed to the person regarding obtaining assistance in executing
the required documents.
NOTE: The purpose of this bill is to encourage and assist persons diagnosed with schizophrenic reality disorder in
designating a durable medical power of attorney to assist the
patient in avoiding future involuntary commitments when the person
becomes unstable.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.