In a significant move to address the ongoing substance use disorder crisis, the West Virginia Senate Select Committee on Substance Use Disorder and Mental Health convened on March 19, 2025, to discuss a proposed bill aimed at establishing involuntary treatment protocols. This legislation seeks to provide a structured approach for the involuntary hospitalization of individuals suffering from substance use disorders, particularly when they pose an imminent threat to themselves or others.

The bill stipulates that involuntary treatment can only be ordered if the individual meets specific criteria: they must be diagnosed with a substance use disorder, present an immediate danger, or show a substantial likelihood of such danger in the near future. Additionally, the individual must be a spouse or dependent of a qualified individual, ensuring that the treatment is targeted and relevant.

Key provisions of the bill include the requirement for a verified petition to be filed in the circuit court, detailing the need for treatment. This petition must be accompanied by a financial guarantee from the petitioner, ensuring that treatment costs are covered either through personal funds or state and federal assistance. The court is mandated to hold a hearing within 14 days of the petition filing if probable cause is established.

During the hearing, the respondent will undergo examinations by two qualified health professionals, including a physician experienced in substance use disorder treatment. These professionals must certify their findings to the court, and their assessments can be conducted via telehealth, reflecting a modern approach to healthcare delivery.

If the court determines that treatment is necessary, it can order a maximum treatment period of 60 days. However, if the petition lacks probable cause or is withdrawn, the proceedings will be dismissed. Notably, individuals who refuse treatment may face contempt of court charges, emphasizing the bill's serious approach to managing substance use disorders.

The legislation also allows for a 72-hour hold following a qualified professional's examination, ensuring that individuals can be safely transported to treatment facilities without unnecessary delays. If a respondent fails to attend scheduled examinations, the court can issue a summons, and noncompliance may result in law enforcement being ordered to transport the individual to a hospital or psychiatric facility.

This proposed bill represents a critical step in West Virginia's efforts to combat substance use disorders, providing a legal framework for involuntary treatment while balancing the rights of individuals with the need for public safety. As discussions continue, the implications of this legislation could significantly impact the state's approach to mental health and substance use treatment, potentially setting a precedent for similar measures in other regions.