Connecticut Senate Bill SB00898

Connecticut 2023 Regular Session

• Introduced: 1/24/23
• Refer: 1/24/23

Caption

An Act Eliminating The Requirement That The Probate Court Issue An Order Allowing A Patient Who Is Incapable Of Giving Informed Consent To Receive Shock Therapy.

Impact

If enacted, the bill will significantly alter the legal landscape surrounding mental health treatment in the state. It will shift the decision-making power regarding the use of shock therapy from the judicial system to medical professionals, specifically the head of the hospital and qualified physicians. This change aims to facilitate quicker treatment decisions, which advocates argue is crucial for patients in acute conditions where consent cannot be obtained. However, this also raises concerns about the protections currently afforded to vulnerable patients who may not be able to advocate for themselves.

Summary

SB00898 proposes the elimination of the requirement for a Probate Court order before administering shock therapy to patients who are deemed incapable of giving informed consent. Currently, state law mandates that such treatment must receive judicial approval through the Probate Court, which involves a consideration of the patient's condition and a hearing before an order can be issued. By removing this requirement, the bill is intended to streamline the process for healthcare providers in emergency situations, allowing them to proceed with treatment more efficiently when necessary.

Contention

Notable points of contention surrounding SB00898 include the potential risks associated with removing judicial oversight from the process. Opponents argue that the current system serves an essential protective function for patients who may be subjected to invasive procedures without a proper assessment of their mental competence. They contend that judicial review helps ensure that all alternatives have been explored and that patients are truly without the capacity to give consent, thus mitigating the risks of abuse or unintended consequences of such treatments.