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2009 West Virginia Code
CHAPTER 16. PUBLIC HEALTH
ARTICLE 30. WEST VIRGINIA HEALTH CARE DECISIONS ACT.
§16-30-24 Need for a second opinion regarding incapacity for persons with psychiatric mental illness, mental retardation or addiction.

§16-30-24. Need for a second opinion regarding incapacity for persons with psychiatric mental illness, mental retardation or addiction.
For persons with psychiatric mental illness, mental retardation 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 shall not apply in those instances in which the medical treatment to be rendered is not for the person's psychiatric mental illness.

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