HB 255 — Psychiatric Treatments

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB255CS/HB255 2024 A bill to be entitled An act relating to psychiatric treatments;

prohibiting the performance of electroconvulsive treatment and psychosurgical procedures on minors;persons 16 years or younger;

providing an exception;

WHEREAS, electroconvulsive therapy (ECT) is an experimental technique the efficacy of which has not definitively been proven and which has dangerous and potentially permanent harmful or life-threatening side effects, including brain damage and memory loss, the extent of which is still unknown, and WHEREAS, literature regarding the administration of ECT on children and adolescents consists mainly of single case study reports and uncontrolled studies and does not offer controlled studies, reliably applied criteria, or valid assessment scales, and WHEREAS, psychosurgery is an experimental technique the efficacy of which has not been proven and which has dangerous and potentially permanent harmful or life-threatening side effects, and WHEREAS, the use of invasive and possibly damaging Page 1of 4 CODING:

hb0255-00hb0255-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB255CS/HB255 2024 WHEREAS, the use of invasive and possibly damaging treatment without scientific basis in the context of the still- developing neurological systems of children and adolescents cannot be justified, and WHEREAS, on January 20, 2000, the National Council on Disability (NCD), an independent federal agency, first made recommendations to the President and Congress which included the following:

(a) "Electroconvulsive treatment" means psychiatric Page 2of 4 CODING:

hb0255-00hb0255-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB255CS/HB255 2024 (a) "Electroconvulsive treatment" means psychiatric treatment that involves sending an electric current through the brain while the patient is under anesthesia.

(3) Electroconvulsive treatment and psychosurgical procedures may not be performed on a person younger than 1816 years of age.age unless:

(4)(a) BeforeThe performing In each case of utilization of electroconvulsive treatment or a psychosurgical procedure procedures, a physician mustcertifies firstin obtainwriting informedthat, priorin writtenreasonable consentmedical fromjudgement, shallthere be obtained after disclosure to the patient, if he or she is competent,a ormedical fromnecessity tofor theelectroconvulsive patient'streatment guardian, if the patient he or she is a minorpsychosurgical orprocedure. incompetent.

The(b) informedTwo writtenpsychiatrists, consentas mustdefined includein disclosure,s. of the purpose of the procedure, the common side effects thereof, alternative treatment modalities, and the approximate number of such procedures considered necessary and that any consent given may be revoked by the patient or the patient's guardian before prior to or between treatments.

(5)(2)394.455, Beforewho ado physiciannot maywork performwithin electroconvulsivethe treatmentsame ormedical apractice, psychosurgicalagree procedurein convulsivewriting therapythat, orin psychosurgeryreasonable maymedical bejudgement, administered,the anotherproposed physicianelectroconvulsive nottreatment directlyor involvedpsychosurgical withprocedure theis patientappropriate mustfor review the patient'spatient. Page 3of 4 CODING:

Such agreement must be signed by both psychiatrists and documented in the patient's treatment record.

(4) Before performing In each case of utilization of electroconvulsive treatment or a psychosurgical procedure procedures, a physician must first obtain informed prior written consent from shall be obtained after disclosure to the patient, if he or she is competent, or from to the patient's guardian, if Page 3of 4 CODING:

hb0255-00hb0255-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB255CS/HB255 2024 treatment record shall be reviewed and agree that the proposedpatient electroconvulsivehe treatment or psychosurgicalshe procedure is appropriatea forminor convulsive therapy or psychosurgeryincompetent. agreed to by one other physician not directly involved with the patient.

The informed written consent must include disclosure, of the purpose of the procedure, the common side effects thereof, alternative treatment modalities, and the approximate number of such procedures considered necessary and that any consent given may be revoked by the patient or the patient's guardian before prior to or between treatments.

(5)(2) Before a physician may perform electroconvulsive treatment or a psychosurgical procedure convulsive therapy or psychosurgery may be administered, another physician not directly involved with the patient must review the patient's treatment record shall be reviewed and agree that the proposed electroconvulsive treatment or psychosurgical procedure is appropriate for convulsive therapy or psychosurgery agreed to by one other physician not directly involved with the patient.

hb0255-00hb0255-01-c1