reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 7. Correctional Industries Act of 2009 › §25-7-5. Purchase of Inmate-Made Goods by State Agencies

(a) On and after the effective date of this article, all offices, departments, institutions and agencies of this state supported, in whole or in part, by state funds shall purchase all articles or products which they require from the commissioner, if those articles or products are produced or manufactured by correctional industries, as provided by this article. No state office, department, institution or agency may purchase an article or product which correctional industries produces from any other source, unless specifically excepted from the provisions of this section pursuant to section six of this article.
(b) Purchases of correctional industries articles or products by state offices, departments, institutions and agencies shall be made on requisition by the office, department, institution or agency requiring the articles or products.
(c) Political subdivisions, not-for-profit corporations and charitable agencies chartered in West Virginia, units of the federal government and units of government of other states may purchase articles and products produced by correctional industries. Entities which contract with the state, its political subdivisions, its agencies or its public institutions may purchase from correctional industries articles and products used in the performance of their contracts.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 7. Correctional Industries Act of 2009 › §25-7-6. Exceptions to Mandatory Purchase Requirement

Exceptions from the mandatory purchase provisions of section five of this article may be granted when a correctional industries article or product does not meet the reasonable requirements of the requesting state office, department, institution or agency, or when the requisition cannot be fulfilled because of insufficient supply or other reason. No state office, department, institution or agency may evade the requirements of section five of this article, or of this section, making insubstantial variations from the characteristics of correctional industries products or articles.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 7. Correctional Industries Act of 2009 › §25-7-7. Catalogues and a Website of Articles and Products Made and Produced

The commissioner shall arrange for the creation and updating of catalogues and a website containing descriptions of the correctional industries articles and products manufactured or produced pursuant to the provisions of this article. The commissioner shall make copies of the catalogue and the website address available to entities eligible to acquire correctional industries articles and products.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 7. Correctional Industries Act of 2009 › §25-7-9. Annual Statements by the Commissioner

At the close of each fiscal year, the commissioner shall prepare a financial report on the financial condition of the correctional industries operation, in accordance with generally accepted accounting principles. Within sixty days after the end of the fiscal year, the commissioner shall file the report with the Secretary of the Department of Military Affairs and Public Safety, the Secretary of the Department of Administration and the Office of the Legislative Auditor.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 7. Correctional Industries Act of 2009 › §25-7-11. Correctional Industries Account

(a) The Correctional Industries Account is continued in the State Treasury. All funds collected from the sale or disposition of articles and products manufactured or produced by correctional industries in accordance with this article shall be deposited in this account.
(b) Except as provided in subsection (c) of this section, funds collected and deposited may be used only to purchase manufacturing supplies, equipment, machinery and materials used to carry out the purposes of this article; to pay necessary personnel; and to defray necessary expenses, including inmate earnings, all of which are under the direction of the commissioner and subject to the commissioner's approval.
(c) The Correctional Industries Account may not be maintained in excess of the amount necessary to efficiently and properly carry out the purposes of this article. In no event may the Correctional Industries Account be maintained in excess of $2 million. Any moneys in the account exceeding $2 million shall be transferred at the end of each fiscal year into the Division of Corrections Additional Operations Account established pursuant to subsection (d) of this section.
(d) There is hereby created in the State Treasury a special revenue account known as the Additional Operations Account. The commissioner is authorized to use funds from the account to offset operational costs, for building and maintenance, purchases, equipment repair or replacement for the Division of Corrections and to defray necessary expenses incident to those activities.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 7. Correctional Industries Act of 2009 › §25-7-13. Establishment of Programs Authorized by the Federal Prison Industry Enhancement (Pie) Certification Program for Employment of Inmates by Private Persons; Lease of Land and Improvements

(a) The Commissioner of the Division of Corrections may establish programs for the employment of inmates by a private person or entity for the manufacture of articles and products as part of a program authorized pursuant to 18 U.S.C. §1761(c), the Prison Industry Enhancement (PIE) Certification Program. In establishing these programs, the commissioner may enter into agreements with private persons or entities to construct or lease facilities at a state adult correctional facility, or at another agreed location, for manufacturing and processing goods or for any other business, commercial or agricultural enterprise.
(b) In connection with an agreement made under subsection (a) of this section, the commissioner may lease land and improvements on the grounds of a state correctional facility for use by the private party to the agreement. Any such lease shall be for a term of not more than twenty years and may contain options for renewal.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 7. Correctional Industries Act of 2009 › §25-7-15. Establishment of Programs Authorized by the Federal Prison Industry Enhancement (Pie) Certification Program for Employment of Juvenile Residents by Private Persons; Lease of Land and Improvements

(a) The Director of the Division of Juvenile Services may establish programs for the employment of residents by a private person or entity for the manufacture of articles and products as part of a program authorized pursuant to 18 U.S.C. §1761(c), the Prison Industry Enhancement (PIE) Certification Program. In establishing these programs, the director may enter into agreements with private persons or entities to construct or lease facilities at a state juvenile correctional facility, or at another agreed location, for manufacturing and processing goods or for any other business, commercial or agricultural enterprise.
(b) In connection with any agreement made under subsection (a) of this section, the director may lease land and improvements on the grounds of a juvenile correctional facility for use by the private party to the agreement. Any such lease shall be for a term of not more than twenty years and may contain options for renewal.
2023 West Virginia Code › Chapter 26. State Health Facilities › Article 1. Department of Health Facilities › §26-1-1. Department of Health Facilities

(a) Beginning January 1, 2024, the Department of Health Facilities is comprised of the agencies as provided in 5F-2-1a of this code, is charged with the administration of this chapter, and shall have those powers and duties respecting the administration of the assistance programs as authorized, granted and imposed by this chapter and elsewhere by law.
(b) The department is not subject to the requirements of 5A-3-1
et seq
. and 5A-10-1
et seq
. of this code.
(c) Employees hired on or after January 1, 2024, are not eligible for civil service as provided in 29-6-1
et seq
., of this code.
(d) Beginning January 1, 2024, as used in this chapter, "department" and "Department of Health and Human Resources" means the Department of Health Facilities.
2023 West Virginia Code › Chapter 26. State Health Facilities › Article 1. Department of Health Facilities › §26-1-2. Secretary to Be Administrative Head of Department; Appointment, Qualifications, etc.; Not to Hold Other Office or Engage in Political Activity

(a) (1) The Secretary of the Department of Health Facilities is the chief executive officer of that department and beginning January 1, 2024, is charged with the administration of this chapter. The Governor shall appoint the secretary, by and with the advice and consent of the Senate, for the term for which the Governor is elected, and the secretary shall serve at the will and pleasure of the Governor. The Secretary shall be paid an annual salary not to exceed $175,000. Upon his or her initial appointment, which may be at any time after the effective date of this act, the Secretary shall take the oath of office described in this section and commence his or her duties. If appointed before January 1, 2024, the Secretary shall take the oath of office described in this section and commence such duties as determined by the Secretary to be necessary to prepare for the administration of this chapter.
(2) Before entering upon the duties of his or her office, the secretary shall take and subscribe to the oath of office prescribed by section five, article four of the state Constitution.
(3) The secretary shall not be a candidate for, or hold, any other public office or public employment under the federal government or under the government of this state or any of its political subdivisions, or be a member or officer of any political party committee, or serve as an election official, or engage in any political activity, other than to vote, in behalf of, or in opposition to, any candidate, political party or public issue involved in an election. Any violation by the secretary of the provisions of this section shall automatically vacate his or her appointment as secretary.
(b) Beginning January 1, 2024, as used in this chapter, "secretary" means the secretary of the Department of Health Facilities.
2023 West Virginia Code › Chapter 26. State Health Facilities › Article 1. Department of Health Facilities › §26-1-3. Secretary of Department of Health Facilities; Powers and Duties

(a) In addition to the authority provided in 5F-2-2 of this code, the secretary shall:
(1) Coordinate efforts with the Secretary of Human Services and the Secretary of Health, including authority to share the expense of administrative services through a memorandum of understanding established by agreement of the secretaries as required under 5F-2-1a of this code;
(2) Manage, direct, control, and govern state owned health facilities;
(3) Operate state health facilities and adopt rules pertaining to their operation;
(4) Protect the rights of clients served by state health facilities;
(5) Develop and implement critical performance indicators to be used to hold state hospitals accountable. The performance system indicators shall be implemented no later than January 1, 2025; and
(6) Cooperate with the Office of the Inspector General and take action on its findings.
(b) The Secretary may:
(1) Acquire by condemnation or otherwise any interest, right, privilege, land, or improvement and hold title to the land or improvement, for the use or benefit of the state or a state hospital or facility, to sell, exchange or otherwise convey any interest, right, privilege, land, or improvement acquired or held by the state, state hospital, or state facility Any condemnation proceedings shall be conducted pursuant to 54-1-1
et seq
. of this code;
(2) Receive donations;
(3) Accept, allocate, and spend any federal funds that may be made available to the state by the federal government; and
(4) Transfer residents between the facilities. The clinical director may accept transfer of residents from correctional institutions, subject to the provisions of 28-1-1
et seq
. of this code.
(c) Any contract, agreement or memorandum of understanding between the secretary and West Virginia University, West Virginia School of Osteopathic Medicine or Marshall University for services is exempt from the provisions of 5A-3-1
et seq
., of this code.
2023 West Virginia Code › Chapter 26. State Health Facilities › Article 1. Department of Health Facilities › §26-1-4. Supervision of Each Facility by Administrator and Clinical Director

Each facility shall have a chief executive officer denominated an "administrator." The administrator shall have the fiscal responsibility for the facility and the authority to manage and administer the financial, business, and personnel affairs of the facility under the direction of the secretary.
Each facility shall have a clinical director who shall have the responsibility for decisions involving clinical and medical treatment of patients.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1. Words and Phrases Defined › §27-1-3. Intellectual Disability

"Intellectual disability" means significantly subaverage intellectual functioning which manifests itself in a person during his or her developmental period and which is characterized by his or her inadequacy in adaptive behavior. Notwithstanding any provision to the contrary, if any service provision or reimbursement is affected by the changes in terminology adopted in the 2010 First Extraordinary Session of the Legislature, the terms "intellectual disability" or "individuals with an intellectual disability" shall assume their previous terminology. It is not the intent of the Legislature to expand the class of individuals affected by this terminology change.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1. Words and Phrases Defined › §27-1-4. Inebriate

An "inebriate" person is anyone over the age of eighteen years who is incapable or unfit to properly conduct himself or herself, or his or her affairs, or is dangerous to himself or herself or others, by reason of periodical, frequent or constant drunkenness, induced either by the use of alcoholic or other liquors, or of opium, morphine, or other narcotic or intoxicating or stupefying substance.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1. Words and Phrases Defined › §27-1-6. State Hospital

"State hospital" means any hospital, center or institution, or part of any hospital, center or institution, established, maintained and operated by the state, or by the state in conjunction with a political subdivision of the state, to provide inpatient or outpatient care and treatment for the mentally ill, intellectually disabled or addicted. The terms "hospital" and "state hospital" exclude correctional and regional jail facilities.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1. Words and Phrases Defined › §27-1-7. Administrator and Clinical Director

(a) The administrator of a state-operated treatment facility is its chief executive officer and has the authority to manage and administer the financial, business and personnel affairs of such facility. All other persons employed at the state-operated treatment facility are under the jurisdiction and authority of the administrator of the treatment facility who need not be a physician.
(b) The clinical director has the responsibility for decisions involving clinical and medical treatment of patients in a state-operated mental health facility. The clinical director must be a physician duly licensed to practice medicine in this state who has completed training in an accredited program of post-graduate education in psychiatry.
(c) In any facility designated by the Secretary of the Department of Health and Human Resources as a facility for individuals with an intellectual disability in which programs and services are designed primarily to provide education, training and rehabilitation rather than medical or psychiatric treatment, the duties and responsibilities, other than those directly related to medical treatment services, assigned to the clinical director by this section or elsewhere in this chapter, are assigned to and become the responsibility of the administrator of that facility, or of a person with expertise in the field of intellectual disability, who need not be a physician, designated by the administrator.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1. Words and Phrases Defined › §27-1-9. Mental Health Facility

"Mental health facility" means any inpatient, residential or outpatient facility for the care and treatment of the mentally ill, intellectually disabled or addicted which is operated, or licensed to operate, by the Department of Health and Human Resources and includes state hospitals as defined in section six of this article. The term also includes veterans administration hospitals, but does not include any regional jail, juvenile or adult correctional facility, or juvenile detention facility.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1. Words and Phrases Defined › §27-1-10. Psychologists and Psychiatrists

(a) For the purposes of this chapter, "psychologist" means any person licensed under the laws of this state to engage in the practice of psychology, or any other psychologist not a resident of this state who engages in the practice of psychology in this state and who holds a license or certificate to engage in the practice of psychology issued by another state with licensing or certification requirements comparable to the licensing requirements of this state, as may be determined by the state board of examiners of psychologists.
(b) For purposes of this chapter, "psychiatrist" means a physician licensed under the laws of this state to practice medicine who has completed training in an accredited program of post-graduate education in psychiatry.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1. Words and Phrases Defined › §27-1-11. Addiction

(a) As used in this chapter, "addiction" or substance use disorder means a maladaptive pattern of substance use leading to clinically significant impairment or distress as manifested by one or more of the following occurring within 30 days prior to the filing of the petition:
(1) Recurrent substance use resulting in a failure to fulfill major role obligations at work, school, or home, including, but not limited to, repeated absences or poor work performance related to substance use; substance-related absences, suspensions, or expulsions from school; or neglect of children or household;
(2) Recurrent use in situations in which it is physically hazardous, including, but not limited to, driving while intoxicated or operating a machine when impaired by substance use;
(3) Recurrent substance-related legal problems; or
(4) Continued use despite knowledge or having persistent or recurrent social or interpersonal problems caused or exacerbated by the effects of the substance.
(b) As used in this section, "substance" means alcohol, controlled substances as defined in sections 60A-2-204, 60A-2-206, 60A-2-208, and 60A-2-210 of this code, or anything consumed for its psychoactive effect whether or not designed for human consumption.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1. Words and Phrases Defined › §27-1-12. Likely to Cause Serious Harm

(a) "Likely to cause serious harm" means an individual is exhibiting behaviors consistent with a medically recognized mental disorder or addiction, excluding, however, disorders that are manifested only through antisocial or illegal behavior and as a result of the mental disorder or addiction:
(1) The individual has inflicted or attempted to inflict bodily harm on another;
(2) The individual, by threat or action, has placed others in reasonable fear of physical harm to themselves;
(3) The individual, by action or inaction, presents a danger to herself or others in his or her care;
(4) The individual has threatened or attempted suicide or serious bodily harm to himself or herself; or
(5) The individual is behaving in a manner as to indicate that he or she is unable, without supervision and the assistance of others, to satisfy his or her need for nourishment, medical care, shelter or self-protection and safety so that there is a substantial likelihood that death, serious bodily injury, serious physical debilitation, serious mental debilitation or life-threatening disease will ensue unless adequate treatment is afforded.
(b) In making the "likely to cause serious harm" determination, judicial, medical, psychological and other evaluators and decisionmakers should utilize all available information, including psychosocial, medical, hospitalization and psychiatric information and including the circumstances of any previous commitments or convalescent or conditional releases that are relevant to a current situation, in addition to the individual's current overt behavior. The rules of evidence shall be followed in making the "likely to cause serious harm" determination except that hearsay evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1. Words and Phrases Defined › §27-1-14. Detained or Taken Into Custody

"Detained or taken into custody" where used in this chapter shall permit detention for custody in a county facility which may be in the same building as the county jail if the said county facility:
(a) Meets the standards which the Department of Health shall prescribe; and
(b) Is approved for such use by the Department of Health; and
(c) Is inspected annually by the Department of Health.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1A. Department of Health › §27-1A-2. Creation; Composition; Control of State Hospitals

There shall be a state department of mental health, to be known as the department of mental health. It shall be a corporation and, as such, shall have a seal and may contract and be contracted with. The department shall consist of a director of mental health, supervisors of divisions of the department, and such other employees as are needed to carry out its functions. The department shall supervise and control the state hospitals.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1A. Department of Health › §27-1A-3. Appointment of Commissioner; Qualifications; Term; Oath; Bond; Salary and Expenses

The Governor shall appoint the Commissioner of the Department of Mental Health by and with the consent of the Senate; he shall be known as the Commissioner of Mental Health. Before entering upon the duties of his office, the commissioner shall take and subscribe the oath of office prescribed by section five, article four of the Constitution of this state, the certificate whereof shall be filed in the office of the Secretary of State, and he shall give bond in the penalty of $10,000, conditioned as required by law. The commissioner shall serve at the will and pleasure of the Governor. The salary of the commissioner shall be the salary specified in section two-a, article seven, chapter six of this code and in addition thereto he shall be reimbursed for all necessary travel and other expenses incurred in the performance of his duties. The commissioner shall be either a qualified psychiatrist or physician with both clinical and administrative experience, or, a qualified administrator who has at least a master's degree in business administration, hospital administration, or a related field, and not less than four years' experience in health services administration or hospital administration, and with general knowledge of accounting, purchasing and personnel practices as related to the rendition of health and health related services: Provided, That if the commissioner is other than a psychiatrist or physician there shall be appointed by the commissioner a deputy commissioner for clinical services who shall be a psychiatrist.
Notwithstanding any other provision of this code to the contrary, whenever in this code there is a reference to the director of the department of mental health, it shall be construed to mean and shall be a reference to the commissioner of the department of mental health.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1A. Department of Health › §27-1A-5. Division of Administration; Deputy; Deputy Commissioner; Deputy Commissioner's Qualifications, Powers and Duties

There shall be a division of administration in the department of mental health. The chief executive of this division shall be the deputy commissioner for administration. The deputy commissioner shall be a college graduate with not less than two years' experience in business administration, health services administration or hospital administration, with broad knowledge of accounting, purchasing and personnel practices as related to the rendition of health and health related services. He shall have the following duties:
(a) To keep the records in the department.
(b) To receive and disburse funds for the department as the agent of the commissioner of the department.
(c) To assemble and analyze departmental budget estimates, review requests for transfer of funds and maintain departmental appropriation and fiscal records.
(d) To make rules and regulations governing the administration and business management of the state hospitals, formulate standard fiscal procedures, and make recommendations for improvement; to make regulations concerning any superintendent's trustee funds heretofore established by authority of section three-a, article one, chapter twenty-five of the Code of West Virginia, 1931, as amended.
(e) To have the responsibility for the maintenance of the land, buildings and equipment of state hospitals.
(f) To review requisitions for supplies and equipment, and cooperate with the division of purchases in development and drafting of specifications.
(g) To handle the personnel records of the department and to process payrolls.
(h) To enter into contracts for the department consistent with his assigned duties.
(i) To develop job classifications and standards for employees of the department.
(j) To perform any other duties assigned to the division by the commissioner.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1A. Department of Health › §27-1A-6. Division of Professional Services; Powers and Duties of Supervisor; Liaison With Other State Agencies

There is a Division of Professional Services established in the Department of Mental Health. The supervisor of this division shall assist the director in the operation of the programs or services of the department and shall be a qualified psychiatrist.
The supervisor of this division has the following powers and duties:
(1) To develop professional standards, provide supervision of state hospitals, analyze hospital programs and inspect individual hospitals.
(2) To assist in recruiting professional staff.
(3) To take primary responsibility for the education and training of professional and subprofessional personnel.
(4) To carry on or stimulate research activities related to medical and psychiatric facilities of the department, and render specialized assistance to hospital superintendents.
(5) To establish liaison with appropriate state agencies and with private groups interested in mental health, including the state Bureau for Public Health, Division of Corrections, the Department of Education, the Board of Governors of West Virginia University, and the West Virginia Association for Mental Health, Incorporated.
(6) To license, supervise and inspect any hospital, center or institution, or part of any hospital, center or institution, maintained and operated by any political subdivision or by any person, persons, association or corporation to provide inpatient care and treatment for the mentally ill, or individuals with an intellectual disability, or both.
(7) To perform any other duties assigned to the division by the Secretary of the Department of Health and Human Resources.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1A. Department of Health › §27-1A-7. Division of Community Services; Powers and Duties of Supervisor

There shall be a division of community services in the department of mental health. This division shall administer all funds made available to the State of West Virginia and any political subdivision thereof under the National Mental Health Act, and all other funds made available for use by this division. The director shall establish standards and criteria for reimbursing sponsoring groups for a portion of the cost of local mental health services which they may provide.
The supervisor of this division shall also have the following powers and duties:
(1) To establish standards for and supervise the operation of community mental health clinics for adults and children and to develop new community facilities and community service programs for the overall improvement of the regional mental health facilities.
(2) To develop a comprehensive and practical program of mental health education of the public, especially at the local level.
(3) To work with county mental hygiene commissions and circuit courts.
(4) To determine and approve schedules of reasonable cost for reimbursement by the patient or responsible relative for mental health services rendered.
(5) To perform any other duties assigned to the division by the director of the department.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1A. Department of Health › §27-1A-8. Superintendents to Pay Money to State Treasury Through Department of Mental Health; Appropriations; Deficiency; How Met

All moneys and funds belonging to the state which shall come into the possession or under the control of the superintendent or other officer of a state hospital under the control of the department of mental health shall be paid to the director of mental health monthly, on or before the tenth day of the month following the month in which such moneys or funds were received, under such rules and regulations as the director shall prescribe. The director shall pay such moneys and funds into the state Treasury immediately in the manner provided in article two, chapter twelve, of this code.
All moneys appropriated for the department of mental health and state hospitals may be expended on proper requisitions issued by the director of mental health or his duly authorized agent. Whenever the appropriations by the Legislature for the state hospitals are insufficient to pay the expenses of conducting such institutions, the director of mental health shall certify the deficiency to the Governor. The certificate shall state the name of the state hospital and the items and amount in detail needed, and the Governor may direct payment of the same or any part thereof out of any appropriation available for that purpose.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1A. Department of Health › §27-1A-9. Transfer of Control, Records and Property From Board of Control to Department of Mental Health

The control of the financial, business and all other affairs of state hospitals is hereby transferred from the state board of control to the department of mental health, and, as its chief executive officer, the director shall, in respect to the control, management and property of such state hospitals, have the same rights and powers and shall perform the same duties and functions as were heretofore exercised or performed by the state board of control. The title to all property of such state hospitals is hereby transferred to and vested in the department of mental health.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 1A. Department of Health › §27-1A-10. Transfer of Records and Personnel From Department of Health to Division of Community Services

The state Department of Health shall transfer to the Division of Community Services of the Department of Mental Health all of the records of the bureau of mental health and all records pertaining to the state hospitals. Persons employed by the state department of health in that bureau may also be transferred to this division. All persons now employed by the various guidance clinics in the state shall be under the supervision of this division.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 2. Mental Health Facilities › §27-2-1. State Hospitals and Other Facilities; Transfer of Control and Property From Department of Mental Health to Department of Health and Human Resources; Civil Service Coverage

The state hospitals heretofore established at Weston, Huntington and Lakin, are continued and known respectively as the William R. Sharpe, Jr. Hospital, Mildred-Mitchell Bateman Hospital and Lakin Hospital. These state hospitals and centers are managed, directed and controlled by the Department of Health and Human Resources. Any person employed by the Department of Mental Health who on the effective date of this article is a classified civil service employee shall, within the limits contained in section two, article six of chapter twenty-nine of this code, remain in the civil service system as a covered employee. The Secretary of the Department of Health and Human Resources is authorized to bring the state hospitals into structural compliance with appropriate fire and health standards. All references in this code or elsewhere in law to the "West Virginia Training School" shall be taken and construed to mean and refer to the "Colin Anderson Center."
The control of the property, records, and financial and other affairs of state mental hospitals and other state mental health facilities is transferred from the Department of Mental Health to the Department of Health and Human Resources. The secretary shall, in respect to the control and management of the state hospitals and other state mental health facilities, perform the same duties and functions as were heretofore exercised or performed by the Director of Health. The title to all property of the state hospitals and other state facilities is transferred to and vested in the Department of Health and Human Resources.
Notwithstanding any other provisions of this code to the contrary, whenever in this code there is a reference to the Department of Mental Health, it shall be construed to mean and is a reference to the Secretary of the Department of Health and Human Resources.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 2. Mental Health Facilities › §27-2-2. Superintendents; Qualifications and Exceptions Therefrom; Salaries of Superintendents and Other Officers and Employees; Furnishing of Meals, Household Facilities, etc.

The superintendent of a state hospital shall be appointed for an indefinite period. He shall be a college graduate and have a minimum of two years' experience in business administration, health services administration or hospital administration with broad knowledge of accounting, purchasing and personnel practices as related to the rendition of health and health related services.
The provisions of this section relating to the qualification of persons eligible to serve as superintendent shall not apply to any person serving in the capacity of business manager on the effective date hereof, and who has served in such capacity for at least six consecutive months next preceding such effective date.
The superintendents and other officers and employees of each state hospital or center shall be paid salaries commensurate with their duties and responsibilities, but no meals or other emoluments of any kind shall be furnished, given or paid to such superintendents, officers or employees as all or part of their salary; however, such superintendents, officers and employees may be provided meals, household facilities and supplies as may be necessary for them to perform their duties, if such superintendents, officers and employees agree to pay the reasonable cost thereof as established by the Director of the Department of Mental Health.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 2. Mental Health Facilities › §27-2-3. Rules as to Patients

The director of health shall implement rules and regulations as promulgated by the board of health in regard to the admission of patients to mental health facilities, the care, maintenance and treatment of inpatients, residents and outpatients of such facilities and the release, trial visit and discharge of patients therefrom.
No patient under eighteen years of age in any state hospital shall be housed in any area also occupied by any patient over eighteen years of age. Any patient adjudged by the chief medical officer to have a likelihood of seriously harming others shall be confined in a secure area of a health facility.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 2. Mental Health Facilities › §27-2-5. Reports by Superintendents; Records of Director of Health

The superintendent of each state hospital shall furnish to the director of health such information as he may require concerning admissions, discharges, deaths and other matters. From this and other information available to the director of health, he shall keep such records as are necessary to enable him to have current information concerning the extent of mental illness in the state. The names of individuals shall not be accessible to anyone except by permission of the director of health or by order of a judge of a court of record.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 2. Mental Health Facilities › §27-2-6. Moneys Received by State Hospitals and Facilities

All moneys and funds belonging to the state which shall come into the possession or under the control of the superintendent or other officer of a state hospital or facility under the control of the department of health shall be paid to the director or his designee twice a month, on or before the first and fifteenth of every month, but not more than twenty days from the time such moneys or funds were received under such rules and regulations as the director shall prescribe. The director or his designee shall pay such moneys and funds into the State Treasury immediately in the manner provided in article two, chapter twelve of this code.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 3. Confidentiality › §27-3-1. Definition of Confidential Information; Disclosure

(a) Communications and information obtained in the course of treatment or evaluation of any client or patient are confidential information. Such confidential information includes the fact that a person is or has been a client or patient, information transmitted by a patient or client or family thereof for purposes relating to diagnosis or treatment, information transmitted by persons participating in the accomplishment of the objectives of diagnosis or treatment, all diagnoses or opinions formed regarding a client’s or patient’s physical, mental, or emotional condition, any advice, instructions, or prescriptions issued in the course of diagnosis or treatment, and any record or characterization of the matters hereinbefore described. It does not include information which does not identify a client or patient, information from which a person acquainted with a client or patient would not recognize such client or patient, and de-identified information from which there is no possible means to identify a client or patient.
(b) Confidential information shall not be disclosed, except:
(1) In a proceeding under §27-5-4 of this code to disclose the results of an involuntary examination made pursuant to §27-5-2, §27-5-3, or §27-5-4 of this code;
(2) In a proceeding under §27-6A-1 et seq. of this code to disclose the results of an involuntary examination made pursuant thereto;
(3) Pursuant to an order of any court based upon a finding that the information is sufficiently relevant to a proceeding before the court to outweigh the importance of maintaining the confidentiality established by this section;
(4) To provide notice to the federal National Instant Criminal Background Check System, established pursuant to section 103(d) of the Brady Handgun Violence Prevention Act, 18 U.S.C. § 922, in accordance with §61-7A-1 et seq. of this code;
(5) To protect against a clear and substantial danger of imminent injury by a patient or client to himself, herself, or another;
(6) Pursuant to and as provided for under the federal privacy rule of the Health Insurance Portability and Accountability Act of 1996 in 45 CFR §164, as amended under the Health Information Technology for Economic and Clinical Health Act of the American and the Omnibus Final Rule, 78 FR 5566; or
(7) In a proceeding held under §44A-3-17 of this code or as required by §44A-3-18 of this code.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 3. Confidentiality › §27-3-2. Authorization of Disclosure of Confidential Information

No consent or authorization for the transmission or disclosure of confidential information is effective unless it is in writing and signed by the patient or client by his or her legal guardian. Every person signing an authorization shall be given a copy.
Every person requesting the authorization shall inform the patient, client or authorized representative that refusal to give the authorization will in no way jeopardize his or her right to obtain present or future treatment.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 4. Voluntary Hospitalization › §27-4-2. Release of Voluntary Patients

The chief medical officer of a mental health facility shall release any voluntary patient who, in his opinion, has recovered or whose hospitalization is no longer advisable but he shall make every effort to assure that any further supportive services required to meet the patient's need upon his release will be provided.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 4. Voluntary Hospitalization › §27-4-3. Right to Release on Application

A voluntary patient who requests his or her release or whose release is requested in writing by his or her parents, parent, guardian, spouse or adult next of kin shall be released immediately except that:
(a) If the patient was admitted on his or her own application, and request for release is made by a person other than the patient, release shall be conditioned upon the agreement of the patient thereto;
(b) If the patient is under eighteen years of age, his or her release prior to becoming eighteen years of age may be conditioned upon the consent of the person or persons who applied for his or her admission; or
(c) If, within ninety-six hours of the receipt of the request, the chief medical officer of the mental health facility in which the patient is hospitalized files with the clerk of the circuit court or mental hygiene commissioner of the county where the facility is situated an application for involuntary hospitalization as provided in section four, article five of this chapter, release may be postponed for twenty days pending a finding in accordance with the legal proceedings prescribed therein.
Legal proceedings for involuntary hospitalization shall not be commenced with respect to a voluntary patient unless release of the patient has been requested by him or her or the individual or individuals who applied for his or her admission.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 4. Voluntary Hospitalization › §27-4-4. Admission and Treatment of Voluntary Patients; Statement of Rights; Consent for Treatment

(a) No person shall be admitted as an inpatient into a mental health facility as a voluntary patient until such person has been told and has received a written statement containing in bold print a statement that once he voluntarily admits himself into such facility, his release may not be voluntary, that the facility may seek to involuntarily commit him and may hold him against his will for thirty days pending a hearing and indefinitely after the hearing if he is committed, and that such statement shall inform the individual that he may request release at any time. Further, the individual shall be advised in writing of his rights upon admission as an inpatient to a mental health facility, including, but not limited to, those rights afforded pursuant to section nine, article five of this chapter. A copy of the statement shall be filed in the individual's permanent records and shall contain the name of the person who made the oral and written disclosure.
(b) No voluntary inpatient shall be subjected to any course of treatment without such patient's written consent. Such consent shall be revocable at any time and shall not be valid for a period exceeding six months.
(c) One person in every mental health facility shall be designated as the voluntary patient coordinator. Such coordinator, or his designee while the coordinator is not on duty, shall be responsible for the disclosures required by this section and for any and all discussions with voluntary patients relative to release.
2023 West Virginia Code › Chapter 27. Mentally Ill Persons › Article 5. Involuntary Hospitalization › §27-5-1a. Appointment of Attorney to Aid Prosecutor; Certification of Performance; Fee

If, in any case, the prosecuting attorney and his assistants in a county in which there is a state mental health hospital are unable to act due to a burdensome number of cases brought under this article, the circuit court shall appoint some competent practicing attorney to act in that case. The court shall certify to the director of the administrative office of the Supreme Court of Appeals the performance of that service when completed and may allow the attorney a reasonable fee not to exceed the amount allowed for attorneys in defense of needy persons as provided in article twenty-one, chapter twenty-nine of this code. Compensation shall be paid out of the "Mental Hygiene Fund" provided for in section four of this article.