Bill Text: HI HB106 | 2019 | Regular Session | Introduced
Bill Title: Relating To Electroconvulsive Treatment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-01-22 - Referred to HLT, CPC, referral sheet 2 [HB106 Detail]
Download: Hawaii-2019-HB106-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
106 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to electroconvulsive treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to title 19 to be appropriately designated and to read as follows:
"Chapter
written informed consent to electroconvulsive
treatments
§ -1 Definitions. As used in this chapter, unless the context otherwise requires:
"Electroconvulsive treatment" means electroshock therapy, shock treatment, shock therapy, ECT, or EST and is the passage of electrical current through a patient's head in a voltage sufficient to induce a seizure.
"Patient" means the person upon whom a proposed electroconvulsive treatment is to be performed.
"Physician" means a person licensed to practice medicine or osteopathy under chapter 453.
"Sufficient information relating to the proposed electroconvulsive treatment" means information provided to the patient including, but not limited to, the following:
(1) The reason for the treatment;
(2) The nature of the procedures to be used in the treatment, including its probable frequency and duration;
(3) The probable degree and duration of improvement or remission expected with or without the treatment;
(4) The nature, degree, duration, and probability of the side effects and significant risks of the treatment commonly known by the medical profession, especially noting the possible degree and duration of memory loss, the possibility of permanent irrevocable memory loss, and the remote possibility of death;
(5) The reasonable alternative treatments and the reasons for the physician's recommendation of electroconvulsive treatment;
(6) The patient's right to refuse or accept the proposed treatment and the right to revoke consent for any reason at any time, either orally or in writing; and
(7) The difference of opinion existing within the medical profession on the use of electroconvulsive treatment.
"Written informed consent" means consent to the proposed electroconvulsive treatment that a person knowingly and intelligently, without duress of any sort, clearly and explicitly manifests to the treating physician in writing and that is otherwise given in compliance with this chapter.
§ -2 Physician to provide information for written informed consent. At any time prior to performance of electroconvulsive treatment, a physician shall provide the patient with sufficient information relating to the proposed electroconvulsive treatment to enable the patient to give written informed consent to the proposed electroconvulsive treatment. The written informed consent shall be given by the patient on a standard written consent form to be prepared by the department of health and shall be valid for a maximum number of treatments over a specified period of time.
§ -3 Restrictions on electroconvulsive treatment; rights of minors. (a) Electroconvulsive treatment shall not be performed on a minor under sixteen years of age.
(b) Electroconvulsive treatment may be performed on a minor who is sixteen years of age or older but under eighteen years of age only if the treatment is performed with the concurring approval of two physicians who specialize in psychiatry and a parent or guardian of the minor.
(c) Electroconvulsive treatment may be performed on a person who is eighteen years of age or older only if two or more physicians who specialize in psychiatry determine that the treatment is the most preferred form of treatment.
§ -4 Relation to other laws. Nothing in this chapter shall apply to any person unable to exercise written informed consent due to a developmental disability or mental health disorder."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Electroconvulsive Treatment; Prohibitions; Restrictions; Age
Description:
Prohibits or restricts the use of electroconvulsive treatment on persons depending upon their age.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
