West VirginiaHospital doctors may hold some patients for up to 72 hours
West Virginia law lets an authorized hospital doctor hold someone for up to 72 hours and requires a petition and hearing for a longer stay.
What it does
An authorized hospital doctor may order a stay of up to 72 hours after an examination if the person’s addiction or mental illness makes serious harm to themselves or others likely.
If the doctor believes a person needs more than 72 hours of involuntary treatment, the doctor or a designated employee must file a petition for a hearing.
A person held under this section must be released within 72 hours unless another part of the law allows a longer stay.
Argument forA doctor may hold someone likely to cause serious harm and provide needed care, which could help protect that person and others.
Argument againstA person may be held for up to 72 hours before release or a longer stay, which could prolong a stressful and restrictive hospital stay.
More detail
An authorized hospital doctor may order an involuntary hospital stay of up to 72 hours after examining the person. This applies to a patient or a person who is at, or brought to, a hospital emergency department for treatment. The doctor must believe the person has an addiction or mental illness and is likely to cause serious harm to themselves or others if left free. The doctor must sign a statement explaining the decision and need for the hold. The stay may last up to 72 hours.
The doctor or a designated employee must file a petition for a hearing if the doctor believes the person needs involuntary treatment beyond 72 hours. This applies when the authorized staff physician believes a person held under this section needs longer involuntary treatment. The petition must state that the person has an addiction or mental illness and is likely to cause serious harm to themselves or others if left free. The doctor must record the same facts in the person’s health records. A mental hygiene commissioner, magistrate, or circuit judge must then hold a hearing. The petition must be filed no later than 72 hours after the involuntary hospitalization.
The hospital must release a person held under this section unless further detention is allowed under another part of the law. This applies to anyone involuntarily hospitalized under this section. Further detention must follow the applicable provisions of the law. Release is due no later than 72 hours after the involuntary hospitalization, unless further detention is allowed.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 25Chapter 63, Acts, Regular Session, 2026Latest
- Apr 2Became law without Governor's signature - Senate Journal
- Apr 2Became law 4/2/2026
- Mar 19To Governor 3/19/2026To Governor
- Mar 14Became law without Governor's signature- House JournalBecame Law
- Vote recorded Senate concurred in House amendments and passed bill. Result: pass.Upper
- Mar 14To Governor 3/19/2026 - Senate JournalMinor
- Mar 14Completed legislative action
- Mar 14Communicated to House
- Mar 14Senate concurred in House amendments and passed bill (Roll No. 643)
- Mar 14House Message received
- Mar 13Communicated to Senate
- Vote recorded PASSAGE. Result: pass.Lower
- Mar 13Passed House (Roll No. 555)Passed House
- Mar 13Read 3rd timeMinor
- Mar 13On 3rd reading, Special Calendar
- Mar 12Committee amendment adopted (Voice vote)
- Mar 12Amendment reported by the Clerk
- Mar 12Read 2nd timeMinor
- Mar 12On 2nd reading, Special Calendar
- Mar 11Read 1st timeMinor
- Mar 11On 1st reading, Special Calendar
- Mar 102nd reference dispensed
- Mar 10With amendment, do pass, but first to JudiciaryMinor
- Mar 10With amendment, do passMinor
- Mar 5Markup Discussion
- Feb 23To House Health and Human ResourcesMinor
- Feb 23To Health and Human Resources then JudiciaryMinor
- Feb 23Introduced in HouseMinor
- Feb 23House received Senate message
- Feb 21Ordered to House
- Vote recorded Passage. Result: pass.Upper
- Feb 21Passed Senate (Roll No. 181)Passed Senate
- Feb 21Read 3rd timeMinor
- Feb 21On 3rd reading
- Feb 20Read 2nd timeMinor
- Feb 20On 2nd reading
- Feb 19Read 1st timeMinor
- Feb 19On 1st reading
- Feb 18Committee substitute reported
- Feb 13To JudiciaryMinor
- Feb 13Reported do pass, but first to JudiciaryMinor
- Feb 4To Health and Human ResourcesMinor
- Feb 4Introduced in SenateMinor
- Feb 4To Health and Human Resources then JudiciaryMinor
- Feb 4Filed for introductionIntroduced
Mental HealthHealthcare