SB 480 - AS INTRODUCED
2018 SESSION
18-2920
05/01
SENATE BILL 480
AN ACT limiting the use of electroconvulsive therapy.
SPONSORS: Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Avard, Dist 12; Rep. Hinch, Hills. 21; Rep. W. Marsh, Carr. 8
COMMITTEE: Health and Human Services
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ANALYSIS
This bill prohibits the use of electroconvulsive therapy on persons under 16 years of age and individuals who are involuntary patients but who have not yet had a competency hearing. The bill requires adults and guardians to sign a detailed written consent form before electroconvulsive therapy is administered.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2920
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT limiting the use of electroconvulsive therapy.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Use of Electroconvulsive Therapy. Amend RSA by inserting after chapter 329-C the following new chapter:
CHAPTER 329-D
USE OF ELECTROCONVULSIVE THERAPY
329-D:1 Use of Electroconvulsive Therapy.
I. Electroconvulsive therapy shall not be used on a person who is younger than 16 years of age.
II. Unless the person consents to the use of the therapy in accordance with RSA 329-D:2, electroconvulsive therapy shall not be used on:
(a) A person who is 16 years of age or older and who is voluntarily receiving mental health services; or
(b) An involuntary patient who is 16 years of age or older and who has not been adjudicated by an appropriate court of law as incompetent to manage the patient's personal affairs.
III. Electroconvulsive therapy shall not be used on an involuntary patient who is 16 years of age or older and who has been adjudicated incompetent to manage the patient's personal affairs unless the patient's guardian of the person consents to the treatment in accordance with RSA 329-D:2. The decision of the guardian shall be based on knowledge of what the patient would desire, if known.
329-D:2 Written Consent for Electroconvulsive Therapy.
I. The written consent form for electroconvulsive therapy shall clearly and explicitly state:
(a) The nature and purpose of the procedure;
(b) 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 possibility of death;
(c) That there is a division of opinion as to the efficacy of the procedure; ?and
(d) The probable degree and duration of improvement or remission expected with or without the procedure.
II. Before a patient receives each electroconvulsive treatment, the hospital, facility, or physician administering the therapy shall ensure that:
(a) The patient and the patient's guardian of the person, if any, receives a written copy of the consent form that is in the person's primary language, if possible;
(b) The patient and the patient's guardian of the person, if any, receives a written supplement that contains related information that pertains to the particular patient being treated;
(c) The contents of the consent form and the written supplement are explained to the patient and the patient's guardian of the person, if any:
(1) Orally, in simple, nontechnical terms in the person's primary language, if possible; ?or
(2) Through the use of a means reasonably calculated to communicate with a hearing impaired or visually impaired person, if applicable;
(d) The patient or the patient's guardian of the person, as appropriate, signs a copy of the consent form stating that the person has read the consent form and the written supplement and understands the information included in the documents; ?and
(e) The signed copy of the consent form is made a part of the patient's clinical record.
III. Consent given under this section is not valid unless the person giving the consent understands the information presented and consents voluntarily and without coercion or undue influence.
IV. For a patient 65 years of age or older, before each treatment series begins, the hospital, facility, or physician administering the procedure shall:
(a) Ensure that 2 physicians have signed an appropriate form that states the procedure is medically necessary;
(b) Make the form described by subparagraph (a) available to the patient or the patient's guardian of the person; ?and
(c) Inform the patient or the patient's guardian of the person of any known current medical condition that may increase the possibility of injury or death as a result of the treatment.
2 Effective Date. This act shall take effect January 1, 2019.
| Date | Body | Type |
|---|---|---|
| Feb. 13, 2018 | Senate | Hearing |
| Feb. 22, 2018 | Senate | Floor Vote |
Feb. 22, 2018: Inexpedient to Legislate, MA, VV === BILL KILLED ===; 02/22/2018; SJ 5
Feb. 22, 2018: Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 02/22/2018; SC 8
Feb. 13, 2018: Hearing: 02/13/2018, Room 101, LOB, 01:30 pm; SC 7
Jan. 3, 2018: To Be Introduced 01/03/2018 and Referred to Health and Human Services; SJ 1