SB 742 West Virginia Senate · 2026 Regular Session

Modifying requirements for involuntary hospitalization

SB 742 modifies West Virginia's involuntary hospitalization process by allowing an authorized hospital physician to place a person under a 72-hour hold without first contacting specific officials (like mental hygiene commissioners). It removes the previous 24-hour deadline for filing a formal petition to extend the hold, instead requiring this petition to be filed within 72 hours. The bill also ensures hospitals and physicians are paid standard rates for these services and are protected from liability when acting in good faith. This directly affects individuals facing involuntary hospitalization for mental illness or addiction and the healthcare providers managing their care.

Issues: ✓ Healthcare

Bill status signed all 5 stages cleared

Introduction

Feb 2026

Committee Review

Mar 2026

Senate Passage

Mar 2026

House of Delegates Passage

Mar 2026

Signed into Law

Jun 2026

Introduced Feb 4, 2026 Signed Jun 25, 2026

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What changed between versions

sb742 h hhr am _1 adopted.htm → Enrolled Committee Substitute · 4 edits · Apr 2, 2026

MODERATE

This bill modifies the process for involuntary hospitalization in West Virginia by allowing hospital staff physicians to make immediate decisions without first contacting a list of judges or commissioners. It also extends the deadline for filing a mental hygiene petition from 24 to 72 hours, giving the medical team more time to assess patients before legal review is required.

Scope change

The bill expands the authority of hospital staff physicians to initiate involuntary hospitalization independently, removing the previous requirement to contact specific judicial or administrative officials before acting.

REQUIREMENT

Removed the requirement for an authorized staff physician to contact a list of mental hygiene commissioners, magistrates, or circuit judges before ordering involuntary hospitalization.

Added a new requirement for the West Virginia Supreme Court of Appeals to generate a standard form for the physician's statement and to provide hospitals with a list of contact information for judges and commissioners.

TIMELINE

Extended the deadline for filing a mental hygiene petition from 24 hours to 72 hours after the individual is involuntarily hospitalized.

Added a requirement that if a judge or commissioner does not respond to a petition request within 24 hours, a report must be filed to the Supreme Court of Appeals.

Floor votes · Senate Feb 21, 2026 · House of Delegates Mar 13, 2026

How they voted

27–0

Passed · 6 other

Total votes 33

Feb 21, 2026

D Democratic2

1 Yea 1

50% Yea

R Republican31

26 Yea 5

83% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 14, 2026

Upper · Passed

Senate concurred in House amendments and passed bill (Roll No. 643)

upper

Mar 13, 2026

Lower · Passed

Passed House (Roll No. 555)

lower

Mar 12, 2026

Lower · Passed

Committee amendment adopted (Voice vote)

lower

Mar 12, 2026

Introduced

Amendment reported by the Clerk

lower

Mar 10, 2026

Lower · Passed

With amendment, do pass, but first to Judiciary

lower

Mar 10, 2026

Lower · Passed

With amendment, do pass

lower

Feb 23, 2026

Committee

To House Health and Human Resources

lower

Feb 23, 2026

Committee

To Health and Human Resources then Judiciary

lower

Feb 23, 2026

Introduced

Introduced in House

lower

Feb 21, 2026

Upper · Passed

Passed Senate (Roll No. 181)

upper

Feb 18, 2026

Upper · Passed

Committee substitute reported

upper

Feb 13, 2026

Committee

To Judiciary

upper

Feb 13, 2026

Upper · Passed

Reported do pass, but first to Judiciary

upper

Feb 4, 2026

Committee

To Health and Human Resources

upper

Feb 4, 2026

Introduced

Introduced in Senate

upper

Feb 4, 2026

Committee

To Health and Human Resources then Judiciary

upper

1 primary · 1 co-sponsor