Senators passed a bill expanding involuntary hospitalization criteria for people with substance use disorders.
The bill is called the Joel Archer Substance Abuse Intervention Act, named for a Kanawha County man who was 24 years old when he died in 2013. His parents have carried on a mission of trying to help other families avoid the loss that they have gone through.
“This is an important bill,” said Senator Mike Stuart, R-Kanawha, as he explained the bill and urged its passage.
“This is the Joel Archer Substance Abuse Intervention Act, but it could be anybody’s family substance abuse intervention Act and the pain and the suffering, the toll that’s placed on the people of West Virginia, the families every Christmas and every Easter, every spring break, every vacation.”
This was one of several bills passed or advanced by the state Senate during a Saturday floor session.
Both houses of the Legislature are approaching a deadline at the middle of next week for advancing bills from one chamber to the other.
Senate Bill 761 makes changes to the state’s standards surrounding involuntary custody and hospitalization, specifically addressing people with substance use disorders and mental illness.
The bill outlines additional grounds for initiating involuntary hospitalization, modifies the evidentiary standards for liability of mental health professionals, and sets conditions for release from involuntary hospitalization, including requiring agreement to voluntary treatment.
Moreover, it permits hospitalization for substance use disorder under specific circumstances, protects individuals from judgment based solely on refusal of substance abuse services, and details processes for dismissal of proceedings and restoration of firearm rights.
Finally, it requests the Supreme Court of Appeals to develop implementation rules and a statewide system for evaluating mental hygiene petitions.
“I understand the legal evaluation of limiting someone’s personal freedoms. We have the luxury of looking at it from that perspective,” said Senator Kevan Bartlett, R-Kanawha.
“What hopefully none of us will ever have to endure is looking at it from the personal perspective of being on the brink of losing a loved one to the chains of addiction. And to provide those families with a tool of last resort, a tool of last resort to save a life, is vitally important.”
Senator Brian Helton, R-Fayette, said the bill could help families avoid the heartbreak of losing a loved one to the effects of addiction.
“This bill gives those families some peace and some hope and some ability to at least try to save that person’s life. And a lot of times, it’s just one more chance for them to get on this road to recovery,” said Helton, who is the chairman of the Senate’s substance abuse disorder committee.
He added, “We need to continue to fight for improved recovery programs, tougher laws, and we need to strengthen everything we do today. I think this is a great step in the right direction.”