Any physician who signs a certificate respecting the mental condition of any person without having made the examination as provided by this chapter, or makes any statement in any such certificate maliciously for the purpose of having such person declared mentally ill, intellectually disabled or an inebriate, and any person who maliciously makes application to any circuit court or mental hygiene commission for the purpose of having another person declared mentally ill, intellectually disabled, or an inebriate, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding $500, or imprisoned not exceeding one year, or both fined and imprisoned at the discretion of the court.
W. Va. Code § 27-12-1
Malicious making of medical certificate or complaint as to mental condition
Applied in 1 court decision — leading case Office of Disciplinary Counsel v. H. John Rogers (2013)
Most recently applied in Office of Disciplinary Counsel v. H. John Rogers (June 2013)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.