Courts and agencies may test hospitalization against people's will

Courts, mental health facilities, law enforcement, and state health agencies may join pilot projects for hospitalization against a person's will. Projects may operate in Cabell, Berkeley, Hampshire, Morgan, Ohio, Raleigh, and Wood counties. Participants include the Supreme Court of Appeals, Department of Human Services, and Department of Health Facilities. Participation is optional, and the authorization applies even when other state laws conflict. The law took effect June 10, 2026.

Alternative transportation providers cannot be used until the required standards are developed and put into practice. These requirements cover alternative transportation providers used for hospitalization against a person's will. Standards must define providers' roles, permitted work, oversight rules, and training. The Department of Human Services secretary must work with court, justice, and health representatives to evaluate these providers, develop standards, and identify possible payment sources. Recommendations to legislative leaders have a July 31, 2022, deadline; no updated deadline is stated.

Mental health centers must make qualified licensed staff available as needed to promptly evaluate people being considered for hospitalization against their will. Centers must explain the process, treatment alternatives, loss of freedom, and likely risks and benefits to the person seeking commitment and the person being evaluated. Evaluations must happen in person unless that would substantially delay resolving the case; then video calls are allowed. Centers must work diligently and share information needed for prompt, orderly admission to a state hospital.

The Department of Human Services secretary must arrange reviews of applications and examiner forms used to seek hospitalization against a person's will. Reviews cover applications and licensed examiner forms prepared by people who certify the need for hospitalization against a person's will. Reviews must check whether examiner forms have sound clinical reasons and meet legal requirements, and develop corrective steps when they do not. The review process and findings are confidential, exempt from open-meeting and public-records requirements, and protected from subpoenas, which are legal demands for evidence. Reviews take place quarterly and look back at paperwork already prepared.