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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: 2 benefits, 0 costs, 3 mixed.

Care and meds during emergency holds

While you are held, the hospital must check for your medical needs. It must provide needed care and your previously prescribed medicines. You must consent to treatment unless there is a medical or psychiatric emergency that requires care.

72-hour emergency holds and court review

A hospital doctor can order an emergency hold for up to 72 hours. This applies if, after an exam, the doctor believes you are addicted or mentally ill and likely to cause serious harm. The doctor must sign a written statement. To hold you longer, the hospital must file a mental hygiene petition within 72 hours, and a hearing is held. An emergency hold under this law is not a legal adjudication and does not count toward other laws that require one.

How hospitals get paid for holds

If you have insurance, the hospital bills at your plan’s negotiated rate. If you are uninsured, the hospital or doctor may file a claim for payment with the West Virginia Legislative Claims Commission.

Which doctors and hospitals can hold

Only doctors licensed under state law and on the hospital’s medical staff can use these hold powers. Hospitals covered include state-licensed facilities and state-run acute care facilities that provide inpatient care under a doctor’s supervision. Doctors, hospitals, and staff are protected from civil lawsuits for actions under this law when they act in good faith and meet the standard of care.

Faster court contacts for hospital petitions

The state Supreme Court gives each hospital a current list of local officials who handle mental hygiene petitions, with contact and on-call info. If an official does not respond within 24 hours, the hospital must report the nonresponse to the Court.

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

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