A Bill for an Act
Page 1, Line 101Concerning the conditions when electroconvulsive
Page 1, Line 102treatment may be performed on a minor.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
For a minor who is 15 years of age or younger, current law authorizes electroconvulsive treatment (ECT) to be performed if certain conditions are met, including that ECT is medically necessary to treat life-threatening malignant catatonia. The bill removes this condition.
The bill authorizes the minor to object to ECT verbally or in writing and sets forth the procedures for when a minor objects. A minor has no legal authority to object to ECT if the ECT is medically necessary to treat life-threatening malignant catatonia.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 13-20-403, amend (3); and add (3.5) as follows:
Page 2, Line 313-20-403. Restrictions on electroconvulsive treatment - rights
Page 2, Line 4of minors - definition. (3) Electroconvulsive treatment may be performed on a minor who is fifteen years of age or younger only if:
Page 2, Line 5(a) Two individuals licensed to practice medicine in Colorado and specializing in psychiatry approve the electroconvulsive treatment;
Page 2, Line 6(b) Other less-invasive treatments have failed;
Page 2, Line 7(c)
Electroconvulsive treatment is medically necessary to treat life-threatening malignant catatonia;Page 2, Line 8(d) Electroconvulsive treatment is performed by at least one
Page 2, Line 9physician, or the physician's designee, who is trained and credentialed in electroconvulsive treatment; and
Page 2, Line 10(e) A parent or guardian of the minor consents to electroconvulsive treatment.
Page 2, Line 11(3.5) (a) Notwithstanding subsections (2) and (3) of this
Page 2, Line 12section to the contrary, a minor may object to
Page 2, Line 13electroconvulsive treatment verbally or in writing. If a minor
Page 2, Line 14objects to electroconvulsive treatment, the director of the
Page 2, Line 15facility where the treatment is sought, or the director's
Page 2, Line 16appointed representative, shall advise the minor that the minor
Page 2, Line 17has the right to retain and consult with an attorney at any
Page 2, Line 18time. If the minor requests an attorney, the director or the
Page 2, Line 19director's appointed representative shall file, within three days
Page 3, Line 1after the minor's request, a petition with the district court in
Page 3, Line 2the jurisdiction where the facility is located requesting an
Page 3, Line 3attorney for the minor or, if the minor is under fifteen years of
Page 3, Line 4age, a guardian ad litem. The court shall notify the minor; the
Page 3, Line 5minor's attorney, if any; and the minor's parent, legal guardian,
Page 3, Line 6or guardian ad litem, if any, that the court may hold a hearing upon the physician's request for electroconvulsive treatment.
Page 3, Line 7(b) Whenever the petition requesting an attorney is filed
Page 3, Line 8with the court, the court shall ascertain whether the minor has
Page 3, Line 9retained counsel, and, if the minor has not, the court shall,
Page 3, Line 10within three days after the petition is filed, appoint an attorney
Page 3, Line 11to represent the minor or, if the minor is under fifteen years of
Page 3, Line 12age, a guardian ad litem. Upon receipt of a petition filed by the
Page 3, Line 13guardian ad litem, the court shall appoint an attorney to represent the minor under fifteen years of age.
Page 3, Line 14 (c) The minor or the minor's attorney or guardian ad
Page 3, Line 15litem may, at any time after the minor has continued to affirm
Page 3, Line 16the minor's objection to electroconvulsive treatment pursuant
Page 3, Line 17to this subsection (3.5), file a petition seeking an order
Page 3, Line 18prohibiting the use of electroconvulsive treatment on the
Page 3, Line 19minor. If a petition is filed, the court shall hear the matter
Page 3, Line 20within ten days after the filing, and the court shall give notice
Page 3, Line 21of the time and place of the hearing to the minor; the minor's
Page 3, Line 22attorney, if any; the minor's parents or legal guardian; the
Page 3, Line 23minor's guardian ad litem, if any; and the minor's consenting physician.
Page 3, Line 24(d) At the conclusion of the hearing, the court may enter
Page 4, Line 1an order permitting or prohibiting electroconvulsive treatment
Page 4, Line 2or any other appropriate order. The court shall specify the
Page 4, Line 3duration of the order and the number of electroconvulsive
Page 4, Line 4treatments that may be performed on the minor. If the minor
Page 4, Line 5continues to affirm the minor's objection to electroconvulsive
Page 4, Line 6treatment after the duration of the order, the minor or the
Page 4, Line 7minor's attorney or guardian ad litem may file a new petition
Page 4, Line 8seeking an order prohibiting electroconvulsive treatment and
Page 4, Line 9the court shall hear the matter pursuant to subsection (3.5)(c) of this section.
Page 4, Line 10(e) This subsection (3.5) does not apply if the
Page 4, Line 11electroconvulsive treatment is medically necessary to treat life-threatening malignant catatonia.
Page 4, Line 12(f) For purposes of this subsection (3.5), "objects to
Page 4, Line 13electroconvulsive treatment" means that a minor has
Page 4, Line 14verbalized or written, with the necessary assistance of hospital
Page 4, Line 15staff, the minor's objections to electroconvulsive treatment
Page 4, Line 16and has been given an opportunity to affirm or disaffirm the
Page 4, Line 17objections forty-eight hours after the objections are first written.
Page 4, Line 18SECTION 2. Safety clause. The general assembly finds,
Page 4, Line 19determines, and declares that this act is necessary for the immediate
Page 4, Line 20preservation of the public peace, health, or safety or for appropriations for
Page 4, Line 21the support and maintenance of the departments of the state and state institutions.