§ 13-20-401 — Definitions

Colorado § 13-20-401

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Actions

Text

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.

Legislative History

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.