Colorado 2024 Regular Session

Colorado House Bill HB1471 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 24-1191.01 Shelby Ross x4510
1	8		HOUSE BILL 24-1471
2		-	~~BY REPRESENTATIVE(S) Young and Bradfield, Bacon, Duran, Garcia,~~
3		-	~~Rutinel~~, ~~Story;~~
4		-	~~also SENATOR(S) Michaelson Jenet,~~ ~~Buckner, Cutter, Priola.~~
	9	+	House Committees Senate Committees
	10	+	Health & Human Services State, Veterans, & Military Affairs
	11	+	A BILL FOR AN ACT
5	12		C
6		-	ONCERNING THE CONDITIONS WHEN ELECTROCONVULSIVE TREATMENT
7		-	MAY BE PERFORMED ON A MINOR
8		-	.
9		-	Be it enacted by the General Assembly of the State of Colorado:
10		-	SECTION 1. In Colorado Revised Statutes, amend 13-20-403 as
11		-	follows:
12		-	13-20-403. Restrictions on electroconvulsive treatment - rights
13		-	of minors. (1) Under no circumstances shall an electroconvulsive treatment
14		-	be performed on a minor under sixteen years of age.
15		-	(2) Electroconvulsive treatment may be performed on a minor who
16		-	is sixteen years of age or older but under eighteen years of age only if such
17		-	treatment is performed with the concurring approval of two persons
18		-	INDIVIDUALS licensed to practice medicine IN COLORADO and specializing
19		-	in psychiatry
20		-	APPROVE THE TREATMENT , and a parent or guardian of suchTHE minor CONSENTS TO THE TREATMENT .
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. (3) ELECTROCONVULSIVE TREATMENT MAY BE PERFORMED ON A
29		-	MINOR WHO IS FIFTEEN YEARS OF AGE OR YOUNGER ONLY IF
30		-	:
	13	+	ONCERNING THE CONDITIONS WHEN ELECTROCONVULSIVE101
	14	+	TREATMENT MAY BE PERFORMED ON A MINOR .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Current law prohibits electroconvulsive treatment (ECT) from
	23	+	being performed on a minor under 16 years of age. The bill authorizes
	24	+	ECT to be performed on a minor who is under 16 years of age only if:
	25	+	! 2 individuals licensed to practice medicine in Colorado and
	26	+	specializing in psychiatry approve the ECT;
	27	+	! Other less-invasive treatments have failed;
	28	+	SENATE
	29	+	2nd Reading Unamended
	30	+	May 6, 2024
	31	+	HOUSE
	32	+	3rd Reading Unamended
	33	+	May 5, 2024
	34	+	HOUSE
	35	+	2nd Reading Unamended
	36	+	May 4, 2024
	37	+	HOUSE SPONSORSHIP
	38	+	Young and Bradfield, Bacon, Duran, Garcia, Rutinel, Story
	39	+	SENATE SPONSORSHIP
	40	+	Michaelson Jenet,
	41	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	42	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	43	+	Dashes through the words or numbers indicate deletions from existing law. ! ECT is medically necessary to treat life-threatening
	44	+	malignant catatonia;
	45	+	! ECT is performed by at least one physician, or the
	46	+	physician's designee, who is trained and credentialed in
	47	+	ECT; and
	48	+	! The minor's parent or guardian consents to ECT.
	49	+	Be it enacted by the General Assembly of the State of Colorado:1
	50	+	SECTION 1. In Colorado Revised Statutes, amend 13-20-403 as2
	51	+	follows:3
	52	+	13-20-403. Restrictions on electroconvulsive treatment - rights4
	53	+	of minors. (1) Under no circumstances shall an electroconvulsive
	54	+	5
	55	+	treatment be performed on a minor under sixteen years of age.6
	56	+	(2) Electroconvulsive treatment may be performed on a minor7
	57	+	who is sixteen years of age or older but under eighteen years of age only8
	58	+	if such treatment is performed with the concurring approval of two9
	59	+	persons INDIVIDUALS licensed to practice medicine IN COLORADO and10
	60	+	specializing in psychiatry
	61	+	APPROVE THE TREATMENT , and a parent or11
	62	+	guardian of such
	63	+	THE minor CONSENTS TO THE TREATMENT .12
	64	+	(3) E
	65	+	LECTROCONVULSIVE TREATMENT MAY BE PERFORMED ON A13
	66	+	MINOR WHO IS FIFTEEN YEARS OF AGE OR YOUNGER ONLY IF :14
31	67		(a) T
32		-	WO INDIVIDUALS LICENSED TO PRACTICE MEDICINE IN
33		-	~~COLORADO AND SPECIALIZING IN PSYCHIATRY APPROVE THE~~
34		-	~~ELECTROCONVULSIVE TREATMENT~~
35		-	;
	68	+	WO INDIVIDUALS LICENSED TO PRACTICE MEDICINE IN15
	69	+	C
	70	+	OLORADO AND SPECIALIZING IN PSYCHIATRY APPROVE THE16
	71	+	ELECTROCONVULSIVE TREATMENT ;17
36	72		(b) O
37		-	THER LESS-INVASIVE TREATMENTS HAVE FAILED ;
	73	+	THER LESS-INVASIVE TREATMENTS HAVE FAILED ;18
38	74		(c) E
39		-	LECTROCONVULSIVE TREATMENT IS MEDICALLY NECESSARY TO
40		-	TREAT LIFE
41		-	-THREATENING MALIGNANT CATATONIA ;
	75	+	LECTROCONVULSIVE TREATMENT IS MEDICALLY NECESSARY19
	76	+	TO TREAT LIFE-THREATENING MALIGNANT CATATONIA ;20
42	77		(d) E
43		-	LECTROCONVULSIVE TREATMENT IS PERFORMED BY AT LEAST
44		-	ONE PHYSICIAN
45		-	, OR THE PHYSICIAN'S DESIGNEE, WHO IS TRAINED AND
46		-	CREDENTIALED IN ELECTROCONVULSIVE TREATMENT
47		-	; AND
48		-	(e) A PARENT OR GUARDIAN OF THE MINOR CONSENTS TO
49		-	ELECTROCONVULSIVE TREATMENT
50		-	.
	78	+	LECTROCONVULSIVE TREATMENT IS PERFORMED BY AT LEAST21
	79	+	ONE PHYSICIAN, OR THE PHYSICIAN'S DESIGNEE, WHO IS TRAINED AND22
	80	+	1471-2- CREDENTIALED IN ELECTROCONVULSIVE TREATMENT ; AND1
	81	+	(e) A
	82	+	PARENT OR GUARDIAN OF THE MINOR CONSENTS TO2
	83	+	ELECTROCONVULSIVE TREATMENT .3
51	84		(3) Electroconvulsive treatment may be performed on a person
52		-	AN
53		-	INDIVIDUAL
54		-	who is eighteen years of age or older only in those
55		-	cases where
56		-	WHEN two or more persons INDIVIDUALS licensed to practice medicine and
57		-	specializing in psychiatry determine that such ELECTROCONVULSIVE
58		-	treatment is the most preferred form of treatment.
59		-	SECTION 2. Safety clause. The general assembly finds,
60		-	determines, and declares that this act is necessary for the immediate
61		-	preservation of the public peace, health, or safety or for appropriations for
62		-	PAGE 2-HOUSE BILL 24-1471 the support and maintenance of the departments of the state and state
63		-	institutions.
64		-	____________________________ ____________________________
65		-	Julie McCluskie Steve Fenberg
66		-	SPEAKER OF THE HOUSE PRESIDENT OF
67		-	OF REPRESENTATIVES THE SENATE
68		-	____________________________ ____________________________
69		-	Robin Jones Cindi L. Markwell
70		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
71		-	OF REPRESENTATIVES THE SENATE
72		-	APPROVED________________________________________
73		-	(Date and Time)
74		-	_________________________________________
75		-	Jared S. Polis
76		-	GOVERNOR OF THE STATE OF COLORADO
77		-	PAGE 3-HOUSE BILL 24-1471
	85	+	AN4
	86	+	INDIVIDUAL who is eighteen years of age or older only in those cases5
	87	+	where WHEN two or more persons INDIVIDUALS licensed to practice6
	88	+	medicine and specializing in psychiatry determine that such7
	89	+	ELECTROCONVULSIVE treatment is the most preferred form of treatment.8
	90	+	SECTION 2. Safety clause. The general assembly finds,9
	91	+	determines, and declares that this act is necessary for the immediate10
	92	+	preservation of the public peace, health, or safety or for appropriations for11
	93	+	the support and maintenance of the departments of the state and state12
	94	+	institutions.13
	95	+	1471
	96	+	-3-