H. B. 2153
(By Delegates Flanigan, Douglas and Compton)
[Introduced February 17, 1993; referred to the
Committee on Health & Human Resources then Finance.]
A BILL to amend and reenact section ten, article five, chapter
twenty-seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the development
of alternative transportation systems to mental health
facilities or state hospitals for individuals as required by
statute.
Be it enacted by the Legislature of West Virginia:
That section ten, article five, chapter twenty-seven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. INVOLUNTARY HOSPITALIZATION.
§27-5-10. Transportation for the mentally ill, mentally
retarded or addicted.
(a) Whenever transportation of an individual is required
under the provisions of article four or article five of this
chapter, it shall be the duty of the sheriff to provide immediate
transportation to or from the appropriate mental health facilityor state hospital:
Provided, That upon the written request of a
person having a proper interest in the individual's
hospitalization, the sheriff may permit such person to arrange
for the individual's transportation to the mental health facility
or state hospital by such means as may be suitable for his mental
condition.
(b) Upon written agreement between 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.
NOTE: The purpose of this bill is to permit the development
of pilot programs, through express agreement between the
sheriff's department, Emergency Medical Services and Behavioral
Health Centers, to provide alternative methods of transporting
individuals under the mental health statutes.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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