House Bill 25-1070 Preamended

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.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• 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(2) and (3); and add (3.5) as follows:

• Page 2, Line 313-20-403.  Restrictions on electroconvulsive treatment - rights

• Page 2, Line 4of minors - definition. (2)  Electroconvulsive treatment may be

• Page 2, Line 5performed on a minor who is sixteen years of age or older but under

• Page 2, Line 6eighteen years of age only if two individuals licensed to practice medicine

• Page 2, Line 7in Colorado and specializing in psychiatry approve the treatment, and a

• Page 2, Line 8parent or guardian of the minor consents to the treatment, and the minor

• Page 2, Line 9is notified of the minor's right to object to electroconvulsive treatment pursuant to subsection (3.5) of this section.

• Page 2, Line 10(3)  Electroconvulsive treatment may be performed on a minor who is fifteen years of age or younger only if:

• Page 2, Line 11(a)  Two individuals licensed to practice medicine in Colorado and

• Page 2, Line 12specializing in psychiatry approve the electroconvulsive treatment. One

• Page 2, Line 13of the individuals must also specialize in child and adolescent psychiatry.

• Page 2, Line 14(b)  Other less-invasive treatments have failed;

• Page 2, Line 15(c)  Electroconvulsive treatment is medically necessary to treat life-threatening malignant catatonia;

• Page 2, Line 16(d)  Electroconvulsive treatment is performed by at least one

• Page 2, Line 17physician, or the physician's designee, who is trained and credentialed in electroconvulsive treatment; and

• Page 2, Line 18(e)  A parent or parent, legal custodian, or legal guardian of

• Page 2, Line 19the minor consents to electroconvulsive treatment; and

• Page 3, Line 1(f)  The minor is notified of the minor's right to object to

• Page 3, Line 2electroconvulsive treatment pursuant to subsection (3.5) of this section.

• Page 3, Line 3(3.5) (a)  A minor may object to electroconvulsive

• Page 3, Line 4treatment verbally or in writing. If a minor objects to

• Page 3, Line 5electroconvulsive treatment, the director of the facility where

• Page 3, Line 6the treatment is sought, or the director's appointed

• Page 3, Line 7representative, shall advise the minor that the minor has the

• Page 3, Line 8right to retain and consult with an attorney at any time. If the

• Page 3, Line 9minor requests an attorney, the director or the director's

• Page 3, Line 10appointed representative shall file, within three days after the

• Page 3, Line 11minor's request, a petition with the district court in the

• Page 3, Line 12jurisdiction where the facility is located requesting an

• Page 3, Line 13attorney for the minor. The court shall notify the minor; the

• Page 3, Line 14minor's attorney, if any; and the minor's parent, legal guardian,

• Page 3, Line 15or legal custodian that the court may hold a hearing upon the physician's request for electroconvulsive treatment.

• Page 3, Line 16(b)  Whenever the petition requesting an attorney is filed

• Page 3, Line 17with the court, the court shall ascertain whether the minor has

• Page 3, Line 18retained counsel, and, if the minor has not, the court shall,

• Page 3, Line 19within three days after the petition is filed, appoint an attorney to represent the minor.

• Page 3, Line 20 (c)  The minor or the minor's attorney may, at any time

• Page 3, Line 21after the minor has continued to affirm the minor's objection to

• Page 3, Line 22electroconvulsive treatment pursuant to this subsection (3.5),

• Page 3, Line 23file a petition seeking an order prohibiting the use of

• Page 3, Line 24electroconvulsive treatment on the minor. If a petition is filed,

• Page 4, Line 1the court shall hear the matter within ten days after the filing,

• Page 4, Line 2and the court shall give notice of the time and place of the

• Page 4, Line 3hearing to the minor; the minor's attorney, if any; the minor's

• Page 4, Line 4parents, legal custodian, or legal guardian; and the minor's consenting physician.

• Page 4, Line 5(d)  At the conclusion of the hearing, the court may enter

• Page 4, Line 6an order permitting or prohibiting electroconvulsive treatment

• Page 4, Line 7or any other appropriate order. The court shall specify the

• Page 4, Line 8duration of the order and the number of electroconvulsive

• Page 4, Line 9treatments that may be performed on the minor. If the minor

• Page 4, Line 10continues to affirm the minor's objection to electroconvulsive

• Page 4, Line 11treatment after the duration of the order, the minor or the

• Page 4, Line 12minor's attorney may file a new petition seeking an order

• Page 4, Line 13prohibiting electroconvulsive treatment and the court shall hear the matter pursuant to subsection (3.5)(c) of this section.

• Page 4, Line 14(e)  This subsection (3.5) does not apply if the

• Page 4, Line 15electroconvulsive treatment is medically necessary to treat life-threatening malignant catatonia.

• Page 4, Line 16(f)  For purposes of this subsection (3.5), "objects to

• Page 4, Line 17electroconvulsive treatment" means that a minor has

• Page 4, Line 18verbalized or written, with the necessary assistance of hospital

• Page 4, Line 19staff, the minor's objections to electroconvulsive treatment

• Page 4, Line 20and has been given an opportunity to affirm or disaffirm the

• Page 4, Line 21objections forty-eight hours after the objections are first written.

• Page 4, Line 22SECTION 2.  Safety clause. The general assembly finds,

• Page 4, Line 23determines, and declares that this act is necessary for the immediate

• Page 5, Line 1preservation of the public peace, health, or safety or for appropriations for

• Page 5, Line 2the support and maintenance of the departments of the state and state institutions.