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33-8-305 - Electroconvulsive therapy upon child Court approval or finding of emergency required.

33-8-305. Electroconvulsive therapy upon child Court approval or finding of emergency required.

(a)  No mental health professional, hospital, treatment resource, or other person or facility may administer electroconvulsive therapy or other form of convulsive therapy to any person under eighteen (18) years of age under this section and §§ 33-8-306 33-8-313, except:

     (1)  Upon prior written authorization by a court based upon a hearing at which it is shown that the approved convulsive therapy may be necessary for the child as determined under § 33-8-302 and is necessary in light of all evidence presented at the hearing; or

     (2)  Emergency treatment under § 33-8-309.

(b)  In all cases under this section and §§ 33-8-306 33-8-313, the court shall appoint for the child a guardian ad litem who is not the child's attorney.

[Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(a); Acts 2000, ch. 947, §§ 1, 6.]  

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