West Virginia § 27-6A-10 Medications and management of court-ordered individuals

West Virginia Statutes

§ 27-6A-10 — Medications and management of court-ordered individuals

West Virginia § 27-6A-10

Ch. 27MENTALLY ILL PERSONS

Art. 6ACOMPETENCY AND CRIMINAL RESPONSIBILITY OF PERSONS CHARGED OR CONVICTED OF A CRIME

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Bluebook

W. Va. Code § 27-6A-10 (2026).

Text

(a)At any time pursuant to §27-6A-2, §27-6A-3, or §27-6A-4 of this code, an individual is court ordered to a mental health facility or state hospital, the individual has the right to receive treatment under the standards of medical management.

(b)An individual with health care decision-making capacity may refuse medications or other management unless court-ordered to be treated, or unless a treating clinician determines that medication or other management is necessary in emergencies or to prevent danger to the individual or others:Provided, That medication management intended to treat an individual’s condition that causes or contributes to incompetency shall constitute treatment.

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(a) At any time pursuant to §27-6A-2, §27-6A-3, or §27-6A-4 of this code, an individual is court ordered to a mental health facility or state hospital, the individual has the right to receive treatment under the standards of medical management.

(b) An individual with health care decision-making capacity may refuse medications or other management unless court-ordered to be treated, or unless a treating clinician determines that medication or other management is necessary in emergencies or to prevent danger to the individual or others:Provided, That medication management intended to treat an individual’s condition that causes or contributes to incompetency shall constitute treatment.