H. B. 2741
(By Delegates Miley, Wooton, Schoen, Kominar, Perry,
Varner, Martin, Argento and Ferro)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §27-7-4 of the Code of West Virginia,
1931, as amended, relating to authorizing mental hygiene
commissioners to sign readmission orders.
Be it enacted by the Legislature of West Virginia:
That §27-7-4 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.
§27-7-4. Readmission of patients.
While any involuntary patient is out of the mental health
facility under the provisions of section two or section three of
this article, he
or she may be readmitted to the mental health
facility on the basis of the original commitment. If there is
reason to believe that it is in the best interest of the patient to
be hospitalized, the chief medical officer of the mental health facility may issue a sworn notice for the immediate
rehospitalization readmission of the patient which notice shall
contain facts concerning the
original commitment and the current
condition of the patient. This notice shall be sent
to the circuit
court or mental hygiene commissioner or to the clerk of the circuit
court which ordered his
or her admission
as the case may be, and to
the clerk of the circuit court of the county of the patient's
residence,
and to the circuit court or mental hygiene commissioner
of the county in which the patient may be found. Upon receipt of
such notice, the circuit court
or mental hygiene commissioner may,
if satisfied that the condition of the patient warrants his
or her
return, authorize any health officer or police officer to take the
patient into custody and transport him
or her to
a the mental
health facility where the notice originated.
NOTE: The purpose of this bill is to authorize mental hygiene
commissioners to sign readmission orders.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.