§16-30-24. Need for a Second Opinion Regarding Incapacity for Persons With Psychiatric Mental Illness, Intellectual Disability or Addiction

WV Code § 16-30-24 (2019) (N/A)
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For persons with psychiatric mental illness, intellectual disability or addiction who have been determined by their attending physician or a qualified physician to be incapacitated, a second opinion by a qualified physician or qualified psychologist that the person is incapacitated is required before the attending physician is authorized to select a surrogate. The requirement for a second opinion does not apply in those instances in which the medical treatment to be rendered is not for the person's psychiatric mental illness.