630.130. Electroconvulsive therapy, procedure--prohibitions--attorney's fees. - Missouri Statutes

Electroconvulsive therapy, procedure--prohibitions--attorney's fees.

630.130. 1. Every patient, whether voluntary or involuntary, in apublic or private mental health facility shall have the right to refuseelectroconvulsive therapy.

2. Before electroconvulsive therapy may be administered voluntarilyto a patient, the patient shall be informed, both orally and in writing, ofthe risks of the therapy and shall give his express written voluntaryconsent to receiving the therapy.

3. Involuntary electroconvulsive therapy may be administered under acourt order after a full evidentiary hearing where the patient refusingsuch treatment is represented by counsel who shall advocate his or herposition. The therapy may be administered on an involuntary basis only ifit is shown, by clear and convincing evidence, that the therapy isnecessary under the following criteria:

(1) There is a strong likelihood that the therapy will significantlyimprove or cure the patient's mental disorder for a substantial period oftime without causing him any serious functional harm; and

(2) There is no less drastic alternative form of therapy which couldlead to substantial improvement in the patient's condition. At theconclusion of such hearing, if the petitioner has sustained his burden ofproof, the court may order up to a specified number of involuntaryelectroconvulsive therapy treatments to be performed over a specifiedperiod of time.

4. Parents of minor patients or legal guardians of incompetentpatients shall be required to obtain court orders authorizingelectroconvulsive therapy under the procedures specified in subsection 3 ofthis section.

5. Persons who are diagnosed solely as mentally retarded shall not besubject to electroconvulsive therapy.

6. If the judge finds that the respondent is unable to pay attorney'sfees for the services rendered in the proceedings the judge shall allow areasonable attorney's fee for the services, which fee shall be assessed ascosts and paid together with all the costs in the proceeding by the state,in accordance with rules and regulations promulgated by the state courtadministrator, from funds appropriated to the office of administration forsuch purposes provided that no attorney's fees shall be allowed forservices rendered by any attorney who is a salaried employee of a publicagency or a private agency which receives public funds.

(L. 1980 H.B. 1724, A.L. 2004 S.B. 1211)

(2006) Section allows a healthcare provider who has a duty of care to act in the patient's best interest, even if the patient has refused treatment, if the patient is in need of the therapy. In re Dunn, 181 S.W.3d 601 (Mo.App.E.D.).