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W. Va. Code § 16-30-24

Need for a second opinion regarding incapacity for persons with psychiatric mental illness, intellectual disability or addiction

West Virginia · West Virginia Code Chapter 16 — Public Health · Status: effective

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W. Va. Code § 16-30-24, Need for a second opinion regarding incapacity for persons with psychiatric mental illness, intellectual disability or addiction, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2367722
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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.