No adult shall receive electroconvulsive therapy treatment without having provided his or her informed consent and express authorization in writing.
In the event that this treatment is indicated for the adult, but that due to his/her condition, he/she is unable to give consent and does not have a designated legal guardian, it shall be necessary to hold a hearing for the court to determine whether the treatment is appropriate or not and issue an order to that effect. Said hearing shall be held summarily in the court closest to the institution, within eight (8) hours after the petition, when it is established under oath that if this modality of treatment is not employed, the person who receives mental healthcare services could be placed under danger of imminent harm.
The adult for whom electroconvulsive therapy treatment is considered and his/her legal guardian, if any, shall be notified of such intention at least forty-eight (48) hours prior to the treatment. Upon completion of all pertinent evaluations, the intervening therapeutic inter- or multidisciplinary team shall discuss the case and report its recommendations to the medical director. Every adult shall have the right to refuse this treatment in writing at any time, even after having accepted such treatment.
Every institutional provider of mental healthcare services that offers electroconvulsive therapy treatment shall have a protocol that includes the accepted standards of the American Psychiatric Association (APA) and the entities that regulate the administration of said therapy, in addition to the regulations that the Administration shall promulgate for these purposes. Said protocol shall be revised to conform to and to be contemporaneous with the revision of the American Psychiatric Association (APA). The institutional provider of mental healthcare services shall be responsible for keeping abreast of scientific advancements that might alter the procedures or the administration of this modality of treatment.
History —Oct. 2, 2000, No. 408, § 4.06; Aug. 6, 2008, No. 183, § 27.