Colorado § 13-20-401 - Definitions.

§ 13-20-401. Definitions.

As used in this part 4, unless the context otherwise requires:

(1) "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.

(2) "Patient" means the person upon whom a proposed electroconvulsive treatment is to be performed; except that nothing in this part 4 supersedes the provisions of article 65 of title 27 or any rule adopted by the behavioral health administration in the department of human services pursuant to section 27-65-118 (2) with regard to the care and treatment of any person unable to exercise written informed consent or of a person with a mental health disorder.

(3) "Physician" means a person licensed to practice medicine or osteopathy.

(4) "Sufficient information relating to the proposed electroconvulsive treatment" means information provided to the patient including, but not limited to, the following:

(a) The reason for such treatment;

(b) The nature of the procedures to be used in such treatment, including its probable frequency and duration;

(c) The probable degree and duration of improvement or remission expected with or without such treatment;

(d) The nature, degree, duration, and probability of the side effects and significant risks of such 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;

(e) The reasonable alternative treatments and why the physician is recommending electroconvulsive treatment;

(f) That the patient has the right to refuse or accept the proposed treatment and has the right to revoke his consent for any reason at any time, either orally or in writing;

(g) That there is a difference of opinion within the medical profession on the use of electroconvulsive treatment.

(5) "Written informed consent" means consent to the proposed electroconvulsive treatment which a person knowingly and intelligently, without duress of any sort, clearly and explicitly manifests to the treating physician in writing and which is otherwise given in compliance with the provisions of this part 4.

Source: L. 79: Entire part R&RE, p. 611, § 1, effective July 1. L. 94: (2) amended, p. 2641, § 91, effective July 1. L. 2006: (2) amended, p. 1395, § 36, effective August 7. L. 2010: (2) amended, (SB 10-175), ch. 188, p. 782, § 17, effective April 29. L. 2017: (2) amended, (SB 17-242), ch. 263, p. 1293, § 108, effective May 25. L. 2022: (2) amended (HB 22-1278), ch. 222, p. 1492, § 13, effective July 1; (2) amended, (HB 22-1278), ch. 222, p. 1600, § 248, effective August 10; (2) amended, (HB 22-1256), ch. 451, p. 3226, § 20, effective August 10.

Editor's note: (1) This section is similar to former § 13-20-401 as it existed prior to 1979.

(2) Amendments to subsection (2) by HB 22-1256 and HB 22-1278 were harmonized.

Cross references: For the legislative declaration contained in the 1994 act amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

ANNOTATION

The need for electroconvulsive therapy for a person involuntarily committed must be established by clear and convincing evidence. People in Interest of M.K.M., 765 P.2d 1075 (Colo. App. 1988).