SB509 SFA #1 Stollings 3-22
Dellinger 7965
Senator Stollings moved to amend the bill on page one, section three, line three, after the word “code” by inserting the words “upon a finding by a licensed physician that the individual is medically stable,”;
On page two, section three, line fifteen, after the word “court” by striking out the remainder of the subdivision;
On page two, section three, line eighteen, by striking out the words “admission to” and inserting in lieu thereof the words “evaluation by”;
On page two, section three, line eighteen, after the word “facility” by inserting the words “as defined by §27-1-9 of this code,”;
On page two, section three, line nineteen, after the word “care,” by striking out the word “may” and inserting in lieu thereof the word “shall”;
On page two, section three, line nineteen, after the word “individual” by inserting the words “if clinically indicated”;
On page two, section three, line twenty-three, after (3), by inserting the following: “Notwithstanding anything herein to the contrary, the requirement for a licensed physician to make a finding that the individual is medically stable as provided by subdivision (1) of this subsection shall be stayed pending the evaluation of medical stability and medical clearance of such individuals as provided in subdivision (4) of this subsection: Provided, That,”;
On page two, section three, lines twenty-seven through twenty-nine, by striking out all of subdivision (4) and inserting in lieu thereof a new subdivision (4), to read as follows:
(4) The Secretary of the Department of Health and Human Resources shall, in collaboration with designees from each of the Supreme Court of Appeals, the Behavioral Health Care Providers Association, Disability Rights of West Virginia, the West Virginia Sheriff’s Association, the Board of Medicine, the West Virginia Psychiatric Association, West Virginia University and Marshall University with education, training, and/or experience in: (i) Issues related to medical stability and medical clearance of individuals to be involuntarily committed to a state hospital; and (ii) acute disease processes presenting as psychiatric emergencies, undertake an evaluation of the requirement that an individual be medically stable as provided in subdivision (1) of this subsection. No later than July 31, 2021, the secretary and the designees shall submit recommended draft legislation and any other written report of such evaluation to the President of the Senate and the Speaker of the House of Delegates.;
And,
On page four, section three-a, after line five, by adding the following:
§27-5-10. Transportation for the mentally ill or persons with substance use disorder.
(a) Whenever transportation of an individual is required under the provisions of §27-4-1 et seq. and §27-5-1 et seq. of this code, the sheriff shall provide immediate transportation to or from the appropriate mental health facility or state hospital: Provided, That, where hospitalization occurs pursuant to §27-4-1 et seq. of this code, the sheriff may permit, upon the written request of a person having proper interest in the individual’s hospitalization, for the interested person to arrange for the individual’s transportation to the mental health facility or state hospital if the sheriff determines that those means are suitable given the individual’s condition.
(b) Upon written agreement between the county commission on behalf of the sheriff and the directors of the local community mental health center and emergency medical services, an alternative transportation program may be arranged. The agreement shall clearly define the responsibilities of each of the parties, the requirements for program participation, and the persons bearing ultimate responsibility for the individual’s safety and well-being.
(c) Use of certified municipal law-enforcement officers. — Sheriffs and municipal governments may enter into written agreements by which certified municipal law-enforcement officers may perform the duties of the sheriff as described in this article. The agreement shall determine jurisdiction, responsibility of costs, and all other necessary requirements, including training related to the performance of these duties, and shall be approved by the county commission and circuit court of the county in which the agreement is made. For purposes of this subsection, “certified municipal law-enforcement officer” means any duly authorized member of a municipal law-enforcement agency who is empowered to maintain public peace and order, make arrests, and enforce the laws of this state or any political subdivision thereof, other than parking ordinances, and who is currently certified as a law-enforcement officer pursuant to §30-29-1 et seq. of this code.
(d) In the event an individual requires transportation to a state hospital as defined by §27-1-6 of this code, the sheriff or certified municipal law-enforcement officer shall contact the state hospital in advance of the transportation to determine if the state hospital has suitable bed capacity to place the individual. In the event the sheriff or municipal law-enforcement office is informed by the state hospital that the state hospital lacks suitable bed capacity to place such individual, the sheriff or certified municipal law-enforcement officer shall transport such individual to a diversion facility in the state as designated by the chief medical officer of the state hospital.
(e) Nothing in this section is intended to alter security responsibilities for the patient by the sheriff unless mutually agreed upon as provided in subsection (c) of this section.
Adopted
Rejected