House Bill 25-1070

BY REPRESENTATIVE(S) Bradfield and Rydin, Bacon, Duran, Gilchrist, Lindstedt, Stewart R., Valdez;

also SENATOR(S) Michaelson Jenet.

Concerning the conditions when electroconvulsive treatment may be performed on a minor.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  In Colorado Revised Statutes, 13-20-403, amend (2) and (3) as follows:

13-20-403.  Restrictions on electroconvulsive treatment - rights of minors. (2)  Electroconvulsive treatment may be performed on a minor who is sixteen years of age or older but under eighteen years of age only if two individuals licensed to practice medicine in Colorado and specializing in psychiatry approve the treatment, and athe minor's parent, legal custodian, or legal guardian of the minor consents to the treatment.

(3)  Electroconvulsive treatment may be performed on a minor who is fifteen years of age or younger only if:

(a)  Two individuals licensed to practice medicine in Colorado and specializing in psychiatry approve the electroconvulsive treatment. One of the individuals must also specialize in child and adolescent psychiatry.

(b)  Other less-invasive treatments have failed;

(c)  Electroconvulsive treatment is medically necessary to treat life-threatening malignant catatonia;

(d)  Electroconvulsive treatment is performed by at least one physician, or the physician's designee, who is trained and credentialed in electroconvulsive treatment; and

(e)  A parent or guardian of the minorThe minor's parent, legal custodian, or legal guardian consents to electroconvulsive treatment.

SECTION 2.  Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.