HB 100 — Electroconvulsive Therapy Prohibition Amendments

100 the duration of the commitment.

(6)(a)(6) (a) A child may be temporarily committed for a maximum of 72 hours, excluding Saturdays, Sundays, and legal holidays, to the physical custody of a local mental health authority in accordance with the - 5 - HB0100 compared with HB0100S01 procedures described in Section 26B-5-331 and upon satisfaction of the risk factors described in Subsection (4).

(7)(a)(7) (a) A local mental health authority shall have physical custody of each child committed to [it] the local mental health authority under this section.

(8)(a)(8) (a) The cost of caring for and maintaining a child in the physical custody of a local mental health authority shall be assessed to and paid by the child's parents, according to their ability to pay.

(b) For purposes of this section, the Division of Child and Family Services or the Division of Juvenile Justice and Youth Services shall be financially responsible, in -addition 5to -the 1stchild's Sub.parents, if the child is in the legal custody of either of those divisions at the time the child is committed to the physical custody of a local mental health authority under this section, unless Medicaid regulation or contract provisions specify otherwise.

(Buff) H.B.

100 01-28 14:41 addition to the child's parents, if the child is in the legal custody of either of those divisions at the time the child is committed to the physical custody of a local mental health authority under this section, unless Medicaid regulation or contract provisions specify otherwise.

(9)(a)(9) (a) Whenever application is made for commitment of a minor to a local mental health authority under any provision of this section by a person other than the child's parent or guardian, the local mental health authority or [its] the local mental health authority's designee shall notify the child's parent or guardian.

(10)(a)(i)(10) (a) - 6 - HB0100 compared with HB0100S01 (i) Each child committed pursuant to this section is entitled to an appeal within 30 days after any order for commitment.

(b)(i)(b) (i) Upon receipt of the petition for appeal, the court shall appoint a designated examiner previously unrelated to the case, to conduct an examination of the child in accordance with the criteria described in Subsection (4), and file a written report with the court.

(c) Prior to the time of the appeal hearing, the appropriate local mental health authority, [[its] its] the local mental health authority's designee, or the mental health professional who -has 6been -in 01-28charge 14:41of 1stthe Sub.child's care prior to commitment, shall provide the court and the designated examiner for the appeal hearing with the following information, as it relates to the period of current admission:

(Buff) H.B.

100 has been in charge of the child's care prior to commitment, shall provide the court and the designated examiner for the appeal hearing with the following information, as it relates to the period of current admission:

- 7 - HB0100 compared with HB0100S01 (d) Both the neutral and detached fact finder and the designated examiner appointed for the appeal hearing shall be provided with an opportunity to review the most current information described in Subsection (10)(c) prior to the appeal hearing.

(e)(i)(e) (i) The court shall notify the child, the child's parent or legal guardian, the person who submitted the original petition for commitment, and a representative of the appropriate local mental health authority [shall be notified by the court ]of the date and time of the appeal hearing.

(11) Each local mental health authority has an affirmative duty to conduct periodic evaluations of the mental health and treatment progress of every child committed to [its] the local mental health authority's physical custody under this section, and to release any child who has sufficiently improved so that the criteria justifying commitment no longer -exist. 7 - 1st Sub.

(Buff)(12) H.B.(a) (i) A local mental health authority or [its] the local mental health authority's designee, in conjunction with the child's current treating mental health professional may release an improved child to a less restrictive environment, as they determine appropriate.

100(ii) 01-28Whenever 14:41the exist.local mental health authority or [its] the local mental health authority's designee, and the child's current treating mental health professional, determine that the conditions - 8 - HB0100 compared with HB0100S01 justifying commitment no longer exist, the child shall be discharged and released to the child's parent or legal guardian.

(12)(a)(i) A local mental health authority or [its] the local mental health authority's designee, in conjunction with the child's current treating mental health professional may release an improved child to a less restrictive environment, as they determine appropriate.

(ii) Whenever the local mental health authority or [its] the local mental health authority's designee, and the child's current treating mental health professional, determine that the conditions justifying commitment no longer exist, the child shall be discharged and released to the child's parent or legal guardian.

(c)(i)(c) (i) The written order described in Subsection (12)(b) shall include the reasons for placement in a more restrictive environment and shall authorize any peace officer to take the child into physical custody and transport the child to a facility designated by the appropriate local mental health authority in conjunction with the child's current treating mental health professional.

(d)(i)(d) (i) If the child has been in a less restrictive environment for more than 30 days and is aggrieved by the change to a more restrictive environment, the child or the child's representative may request a review within 30 days of the change, by a neutral and detached fact finder as described in Subsection (3).

-[(i)] 8(A) -the 01-28less 14:41restrictive 1stenvironment Sub.in which the child has been placed is exacerbating the child's mental illness or increasing the risk of harm to self or others;

(Buff) H.B.

100 [(i)] (A) the less restrictive environment in which the child has been placed is exacerbating the child's mental illness or increasing the risk of harm to self or others;

- 9 - HB0100 compared with HB0100S01 (e) Nothing in this section prevents a local mental health authority or [its] the local mental health authority's designee, in conjunction with the child's current mental health professional, from discharging a child from commitment or from placing a child in an environment that is less restrictive than that designated by the neutral and detached fact finder.

(13)(a)(13) (a) Each local mental health authority or [its] the local mental health authority's designee, in conjunction with the child's current treating mental health professional shall discharge any child who, in the opinion of [that local authority] { } the local mental health authority, or [its] the local mental health authority's designee, and the child's current treating mental health professional, no longer meets the criteria specified in Subsection (4), except as provided [by] in Section 26B-5-405.

(14)(a)(14) (a) Even though a child has been committed to the physical custody of a local mental health authority under this section, the child is still entitled to additional due process proceedings, in accordance with Section 26B-5-404, before any treatment that may affect a constitutionally protected liberty or privacy interest is administered.

(b) [Those treatments include, but are not limited to,] The treatments described in Subsection (14)(a)(14) (a) include antipsychotic medication,medication{[, [electroshock]}[electroshock] electroconvulsiveelectroconvulsive{ therapy,therapy,]} and psychosurgery.

26B-5-40426B-5-404. .

(1) [For purposes of] As used in this section, "invasive treatment" means treatment in which a constitutionally protected liberty or privacy interest may be affected, including antipsychotic medication,medication{[, [electroshock]}[electroshock] electroconvulsiveelectroconvulsive{ therapy,therapy,]} and psychosurgery.

(2) The requirements of this section apply to all children receiving services or treatment -from 9a -local 1stmental Sub.health authority, [its] the local mental health authority's designee, or [its] the local mental health authority's provider regardless of whether a local mental health authority has physical custody of the child or the child is receiving outpatient treatment from the local mental health authority, [its] the local mental health authority's designee, or the local mental health authority's provider.

(Buff)- H.B.10 - HB0100 compared with HB0100S01 (3) A child to whom this section applies may only receive electroconvulsive therapy if the child is diagnosed with catatonia.

100[(3)] 01-28(4) 14:41(a) fromThe adivision localshall mental[promulgate] healthmake authority,rules, [its]in theaccordance localwith mentalTitle health63G, authority'sChapter designee,3, orUtah [Administrative its]Rulemaking theAct, localestablishing mentaldue healthprocess authority'sprocedures providerfor regardless[children] of whether a local mental health authority has physical custody of the child orprior theto childany isinvasive receiving outpatient treatment fromas thefollows: local mental health authority, [its] the local mental health authority's designee, or the local mental health authority's provider.

(3) A child to whom this section applies may only receive electroconvulsive therapy if the child is diagnosed with catatonia.

[(3)] (4)(a) The division shall [promulgate] make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing due process procedures for [children] a child prior to any invasive treatment as follows:

(ii) with regard to psychosurgerypsychosurgery{[ and [electroshock]}[electroshock] electroconvulsiveelectroconvulsive{ therapy,therapy]} , a due process proceeding shall be conducted pursuant to the procedures established under this Subsection [(3)] (4), regardless of whether the parent or child agree or disagree with the treatment;

Section 58-1-5145 is enacted to read:

58-1-51458-1-514. .

{Prohibition on providing } Informed consent requirements for electroconvulsive therapy {to a minor} -- Special provisions for electroconvulsive therapy for youth.

-(c) 10"Agent" -means 01-28the 14:41same 1stas Sub.that term is defined in Section 75A-9-101.

(Buff) H.B.

100 (c) "Agent" means the same as that term is defined in Section 75A-9-101.

- 11 - HB0100 compared with HB0100S01 (e) "Catatonia" means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

(h)(i)(a){(h)} (i) "Electroconvulsive therapy" means the use of a device, including a pulse generator and stimulation electrodes, to treat mental disorders and psychiatric disturbances by inducing in the patient a major motor seizure by applying a brief intense electrical current to the patient's head.

(l)(b){(l)} "Minor" means an individual who is younger than {25 } 18 years old.

and (ii) is board eligible for a psychiatry specialization recognized by the American Board of Medical Specialists or the American Osteopathic Association's Bureau of -Osteopathic 11Specialists. - 1st Sub.

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100 01-28 14:41 Osteopathic Specialists.

- 12 - HB0100 compared with HB0100S01 (i) exploiting the trust, dependence, or fear of an individual;

-(f) 12the -benefits 01-28of 14:41electroconvulsive 1sttherapy Sub.that may reasonably be expected;

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100 (f) the benefits of electroconvulsive therapy that may reasonably be expected;

- 13 - HB0100 compared with HB0100S01 (j) a statement that the consent is for an individual electroconvulsive therapy treatment and that additional treatments require renewed consent;

(4)(2){(4)} A {health care provider, as defined in Section 78B-3-403 and who is licensed under this title, } physician may not {provide } administer electroconvulsive therapy to a minor,minor{.} , unless:

(b)(i)(b) (i) the minor's parent, guardian, or person described in Subsection 78B-3-406(6), gives informed consent for each administration of electroconvulsive therapy;

-(i) 13the -clinical 1stjustification Sub.for the use of electroconvulsive therapy to treat the individual's condition;

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100 01-28 14:41 (i) the clinical justification for the use of electroconvulsive therapy to treat the individual's condition;

- 14 - HB0100 compared with HB0100S01 (i) a copy of the written expression of informed consent;

or (B)(I)(B) (I) the emancipated minor;

(a)(i)(a) (i) the adult has capacity and gives informed consent for each administration of electroconvulsive therapy;

-(iii) 14other, -less 01-28intrusive 14:41therapies 1stthat: Sub.

(Buff) H.B.

100 (iii) other, less intrusive therapies that:

and - 15 - HB0100 compared with HB0100S01 (ii) an oral explanation of required disclosures in simple, nontechnical terms in the primary language of the individual giving informed consent;

(7)(a)(7) (a) Except as provided in Subsection (7)(b), the requirements of this section apply in addition to any requirements described in Title 75A, Chapter 9, Uniform Health Care Decisions Act, and any other applicable provision of law.

(8)(3){(8)} A violation of this section is unprofessional conduct.

(9)(4){(9)} A rule adopted under this title that defines "unprofessional conduct" shall be consistent with this section.

78B-3-40678B-3-406. .

(1)(a)(1) (a) When a person submits to health care rendered by a health care provider, it is presumed that actions taken by the health care provider are either expressly or impliedly authorized to be done.

-(iv) 15the -health 1stcare Sub.rendered carried with it a substantial and significant risk of causing the patient serious harm;

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100 01-28 14:41 (iv) the health care rendered carried with it a substantial and significant risk of causing the patient serious harm;

- 16 - HB0100 compared with HB0100S01 (vi) a reasonable, prudent person in the patient's position would not have consented to the health care rendered after having been fully informed as to all facts relevant to the decision to give consent;

(4) The written consent shall be a defense to an action against a health care provider based upon failure to obtain informed consent unless the patient proves that the person giving the consent lacked capacity to consent or shows by clear and convincing evidence that the execution of the - 1617 - 01-28HB0100 14:41compared 1stwith Sub.HB0100S01 written consent was induced by the defendant's affirmative acts of fraudulent misrepresentation or fraudulent omission to state material facts.

(Buff) H.B.

100 upon failure to obtain informed consent unless the patient proves that the person giving the consent lacked capacity to consent or shows by clear and convincing evidence that the execution of the written consent was induced by the defendant's affirmative acts of fraudulent misrepresentation or fraudulent omission to state material facts.

- 1718 - 1stHB0100 Sub.compared with HB0100S01 Section 7.

(Buff)Effective H.B.date.

100 01-28 14:41 Section 7.

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