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West VirginiaSB 7422026 Regular SessionSenateWALLET

Modifying requirements for involuntary hospitalization

Sponsored By: Brian Helton (Republican)

Became Law

§27-5-2A

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 0 costs, 2 mixed.

Doctors can order 72-hour emergency holds

An authorized staff physician in a hospital emergency department can order you held for up to 72 hours after examining you, if the doctor believes you are addicted or mentally ill and likely to cause serious harm. The doctor must sign a statement explaining the decision. The hospital must release you no later than 72 hours unless it seeks longer treatment. To continue the hold, the hospital must file a mental hygiene petition within 72 hours of the initial hold. After that, a judge or mental hygiene commissioner holds a hearing under existing law, which can allow continued detention.

Care and meds during emergency holds

During an involuntary hold, hospital staff must use due diligence to find your medical needs. They must provide needed treatment, including your previously prescribed medicines. Care requires your consent, unless there is a medical or psychiatric emergency. This keeps your care continuous while you are held.

Legal immunity for hospitals and doctors

Authorized staff physicians, hospitals, and their employees are immune from lawsuits for actions under this law when they act in good faith, within their professional duties, and follow the standard of care. This protects providers who detain or treat patients under the statute.

Who pays for emergency hold care

For services under this law, hospitals and doctors are paid at the rates they have negotiated with your insurer. If you do not have insurance, the provider may file a claim with the West Virginia Legislative Claims Commission for payment. This sets provider payment terms and a state claims path for uninsured patients.

Emergency hold is not an adjudication

An emergency hold under this law is not a legal adjudication against you. It cannot be used to satisfy the adjudication requirement in §61-7-7(a)(4) of state law.

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Sponsors & Cosponsors

Sponsor

  • Brian Helton

    Republican • Senate

Cosponsors

  • Vince Deeds

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 143 • No: 8

Senate vote • 3/14/2026

Senate concurred in House amendments and passed bill (Roll No. 643)

Yes: 34 • No: 0

House vote • 3/13/2026

Passed House (Roll No. 555)

Yes: 81 • No: 8

Senate vote • 2/21/2026

Passed Senate (Roll No. 181)

Yes: 28 • No: 0

Actions Timeline

  1. Became law 4/2/2026

    4/2/2026Senate

  2. Became law without Governor's signature - Senate Journal

    4/2/2026Senate

  3. To Governor 3/19/2026

    3/19/2026Senate

  4. House Message received

    3/14/2026Senate

  5. Senate concurred in House amendments and passed bill (Roll No. 643)

    3/14/2026Senate

  6. Communicated to House

    3/14/2026Senate

  7. Completed legislative action

    3/14/2026Senate

  8. To Governor 3/19/2026 - Senate Journal

    3/14/2026Senate

  9. Became law without Governor's signature- House Journal

    3/14/2026House

  10. On 3rd reading, Special Calendar

    3/13/2026House

  11. Read 3rd time

    3/13/2026House

  12. Passed House (Roll No. 555)

    3/13/2026House

  13. Communicated to Senate

    3/13/2026House

  14. On 2nd reading, Special Calendar

    3/12/2026House

  15. Read 2nd time

    3/12/2026House

  16. Amendment reported by the Clerk

    3/12/2026House

  17. Committee amendment adopted (Voice vote)

    3/12/2026House

  18. On 1st reading, Special Calendar

    3/11/2026House

  19. Read 1st time

    3/11/2026House

  20. With amendment, do pass

    3/10/2026House

  21. With amendment, do pass, but first to Judiciary

    3/10/2026House

  22. 2nd reference dispensed

    3/10/2026House

  23. Markup Discussion

    3/5/2026House

  24. House received Senate message

    2/23/2026House

  25. Introduced in House

    2/23/2026House

Bill Text

Related Bills

Back to State Legislation

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