HOUSE BILL 24-1471
BY REPRESENTATIVE(S) Young and Bradfield, Bacon, Duran, Garcia,
Rutinel, Story;
also SENATOR(S) Michaelson Jenet, Buckner, Cutter, Priola.
C
ONCERNING 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, amend 13-20-403 as
follows:
13-20-403. Restrictions on electroconvulsive treatment - rights
of minors. (1) Under no circumstances shall an electroconvulsive treatment
be performed on a minor under sixteen years of age.
(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 such
treatment is performed with the concurring approval of two persons
INDIVIDUALS licensed to practice medicine IN COLORADO and specializing
in psychiatry
APPROVE THE TREATMENT , and a parent or guardian of suchTHE minor CONSENTS TO THE TREATMENT .
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (3) ELECTROCONVULSIVE TREATMENT MAY BE PERFORMED ON A
MINOR WHO IS FIFTEEN YEARS OF AGE OR YOUNGER ONLY IF
:
(a) T
WO INDIVIDUALS LICENSED TO PRACTICE MEDICINE IN
COLORADO AND SPECIALIZING IN PSYCHIATRY APPROVE THE
ELECTROCONVULSIVE TREATMENT
;
(b) O
THER LESS-INVASIVE TREATMENTS HAVE FAILED ;
(c) E
LECTROCONVULSIVE TREATMENT IS MEDICALLY NECESSARY TO
TREAT LIFE
-THREATENING MALIGNANT CATATONIA ;
(d) E
LECTROCONVULSIVE 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 MINOR CONSENTS TO
ELECTROCONVULSIVE TREATMENT
.
(3) Electroconvulsive treatment may be performed on a person
AN
INDIVIDUAL
who is eighteen years of age or older only in those
cases where
WHEN two or more persons INDIVIDUALS licensed to practice medicine and
specializing in psychiatry determine that such ELECTROCONVULSIVE
treatment is the most preferred form of 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
PAGE 2-HOUSE BILL 24-1471 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 3-HOUSE BILL 24-1471