House Bill 25-1070 Revised

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(2) and (3) as follows:

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

• Page 2, Line 4of minors. (2)  Electroconvulsive treatment may be performed on a minor

• Page 2, Line 5who is sixteen years of age or older but under eighteen years of age only

• Page 2, Line 6if two individuals licensed to practice medicine in Colorado and

• Page 2, Line 7specializing in psychiatry approve the treatment, and a the minor's

• Page 2, Line 8parent, legal custodian, or legal guardian of the minor consents to the treatment.

• Page 2, Line 9(3)  Electroconvulsive treatment may be performed on a minor who is fifteen years of age or younger only if:

• Page 2, Line 10(a)  Two individuals licensed to practice medicine in Colorado and

• Page 2, Line 11specializing in psychiatry approve the electroconvulsive treatment. One

• Page 2, Line 12of the individuals must also specialize in child and adolescent psychiatry.

• Page 2, Line 13(b)  Other less-invasive treatments have failed;

• Page 2, Line 14(c)  Electroconvulsive treatment is medically necessary to treat life-threatening malignant catatonia;

• Page 2, Line 15(d)  Electroconvulsive treatment is performed by at least one

• Page 2, Line 16physician, or the physician's designee, who is trained and credentialed in electroconvulsive treatment; and

• Page 2, Line 17(e)  A parent or guardian of the minor The minor's parent, legal custodian, or legal guardian consents to electroconvulsive treatment.

• Page 3, Line 1SECTION 2.  Safety clause. The general assembly finds,

• Page 3, Line 2determines, and declares that this act is necessary for the immediate

• Page 3, Line 3preservation of the public peace, health, or safety or for appropriations for

• Page 3, Line 4the support and maintenance of the departments of the state and state institutions.