Effective - 28 Aug 2014
630.130. Electroconvulsive therapy, procedure — prohibitions — attorney's fees. — 1. Every patient, whether voluntary or involuntary, in a public or private mental health facility shall have the right to refuse electroconvulsive therapy.
2. Before electroconvulsive therapy may be administered voluntarily to a patient, the patient shall be informed, both orally and in writing, of the risks of the therapy and shall give his express written voluntary consent to receiving the therapy.
3. Involuntary electroconvulsive therapy may be administered under a court order after a full evidentiary hearing where the patient refusing such treatment is represented by counsel who shall advocate his or her position. The therapy may be administered on an involuntary basis only if it is shown, by clear and convincing evidence, that the therapy is necessary under the following criteria:
(1) There is a strong likelihood that the therapy will significantly improve or cure the patient's mental disorder for a substantial period of time without causing him any serious functional harm; and
(2) There is no less drastic alternative form of therapy which could lead to substantial improvement in the patient's condition.
At the conclusion of such hearing, if the petitioner has sustained his burden of proof, the court may order up to a specified number of involuntary electroconvulsive therapy treatments to be performed over a specified period of time.
4. Parents of minor patients or legal guardians of incompetent patients shall be required to obtain court orders authorizing electroconvulsive therapy under the procedures specified in subsection 3 of this section.
5. Persons who are diagnosed solely as intellectually disabled shall not be subject to electroconvulsive therapy.
6. If the judge finds that the respondent is unable to pay attorney's fees for the services rendered in the proceedings the judge shall allow a reasonable attorney's fee for the services, which fee shall be assessed as costs and paid together with all the costs in the proceeding by the state, in accordance with rules and regulations promulgated by the state court administrator, from funds appropriated to the office of administration for such purposes provided that no attorney's fees shall be allowed for services rendered by any attorney who is a salaried employee of a public agency or a private agency which receives public funds.
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(L. 1980 H.B. 1724, A.L. 2004 S.B. 1211, A.L. 2014 H.B. 1064)
(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.).
Structure Missouri Revised Statutes
Title XL - Additional Executive Departments
Chapter 630 - Department of Mental Health
Section 630.005 - Definitions.
Section 630.015 - Director, appointment — duties of commission.
Section 630.020 - Departmental goals, duties.
Section 630.030 - Division directors, appointment, removal — appointment of other general personnel.
Section 630.035 - Appointment of facility heads, medical staffs.
Section 630.040 - Facility administrative officers to have general charge and control.
Section 630.045 - Appointment of persons for civil involuntary detention actions.
Section 630.050 - Rules, promulgation, procedure — public inspection — facility policies.
Section 630.053 - Mental health earnings fund — uses — rules and regulations, procedure.
Section 630.055 - Research activities by department.
Section 630.060 - Cooperation with other groups.
Section 630.065 - Planning activities by department.
Section 630.070 - Workers' compensation law extended to employees of department.
Section 630.075 - Personnel recruitment, development and training.
Section 630.085 - Annual report by director, to whom, when, contents.
Section 630.095 - Copyrights and trademarks by department.
Section 630.110 - Patient's rights — limitations.
Section 630.115 - Patient's entitlements — administrative review of violations.
Section 630.120 - No presumptions.
Section 630.125 - Explanation of rights and entitlements.
Section 630.127 - Notification protocols — rulemaking authority.
Section 630.130 - Electroconvulsive therapy, procedure — prohibitions — attorney's fees.
Section 630.133 - Psychosurgery, consent required — not to be performed by department.
Section 630.135 - Rules regarding patient's rights.
Section 630.150 - Disclosure of absence to be made, when, to whom.
Section 630.155 - Mistreatment of patient — defined — penalty.
Section 630.160 - Furnishing unfit food — defined — penalty.
Section 630.161 - Investigation of reports of vulnerable person abuse, when.
Section 630.162 - Mandatory reporters — preventing or discouraging reporting, penalty.
Section 630.163 - Mandatory reporting requirements.
Section 630.164 - Immunity from liability, when.
Section 630.168 - Suspected abuse to be reported.
Section 630.180 - Treatment by religious practice to be permitted.
Section 630.183 - Officers may authorize medical treatment for patient.
Section 630.186 - Purchase of food limited to that for use of patients.
Section 630.192 - Limitations on research activities in mental health facilities and programs.
Section 630.198 - Duties of research review committee.
Section 630.199 - Research involving persons civilly detained, sections applicable.
Section 630.200 - Discrimination prohibited.
Section 630.202 - Essential caregiver designation, procedure, requirements.
Section 630.305 - Funds of patient, control, expenditure, return, safekeeping.
Section 630.310 - Receipt of funds of patient, procedure.
Section 630.315 - Department may become payee for patient, procedure.
Section 630.320 - Disposition of unclaimed funds of patient — escheats, procedure.
Section 630.325 - Disposition of unclaimed personal property of patient.
Section 630.335 - Canteens and commissaries authorized — operation.
Section 630.340 - Sheltered workshops and activity centers authorized — operation.
Section 630.350 - Limitation on bank accounts.
Section 630.410 - Evaluation of contracts.
Section 630.415 - Terms of contracts.
Section 630.420 - Affiliation agreements from vendors required.
Section 630.425 - Incentive grants authorized — rules and regulations — duration of grants.
Section 630.430 - Commissioner of administration to make rules and regulations for incentive grants.
Section 630.435 - Affiliation agreements from grantees required.
Section 630.440 - Payment to grantees, procedure.
Section 630.445 - Records required of vendors or grantees, contents — access for inspection.
Section 630.450 - Duplication of programs to be avoided.
Section 630.455 - Attorney general to seek restitution for department.
Section 630.462 - Contractors for community psychiatric rehabilitation, reviews, how conducted.
Section 630.505 - Department to name facilities.
Section 630.510 - Inventory of facilities — plan for new facilities.
Section 630.525 - Destruction of obsolete structures — procedure.
Section 630.535 - Unneeded property may be transferred to another state agency — procedure.
Section 630.540 - Proposed transfers and conveyances to be reviewed.
Section 630.545 - Board and living quarters for employees of facilities.
Section 630.575 - Council created, members, duties, terms, meetings.
Section 630.580 - Education and awareness programs established — cooperation of state agencies.
Section 630.605 - Placement programs to be maintained.
Section 630.610 - Applications for placement — criteria to be considered.
Section 630.615 - Program standards to be considered — prior to placement.
Section 630.620 - Facilities and programs to be utilized in making placements.
Section 630.625 - Consent required for placement.
Section 630.630 - Alternative proposals to be prepared.
Section 630.640 - Costs of benefits may be paid by department — recovery.
Section 630.645 - Follow-up care.
Section 630.650 - Cooperation with department of social services.
Section 630.655 - Rules for standards for placement facilities and programs — required standards.
Section 630.656 - Waiver or exception request of administrative rule or standard, procedure.
Section 630.660 - Written contracts required.
Section 630.710 - Required standards.
Section 630.715 - Licensing of residential facilities and day programs — fee — affidavit.
Section 630.730 - Inspection by department and others, when — may be ordered, when.
Section 630.735 - License required.
Section 630.760 - Patients to have same rights as those for residents of nursing homes.
Section 630.763 - Receiver may be requested, by whom, when.
Section 630.772 - Emergency procedure.
Section 630.775 - Powers and duties of receiver.
Section 630.781 - Compensation of receiver.
Section 630.784 - Receiver may receive license.
Section 630.787 - Receivership may be terminated by court, when.
Section 630.793 - Liabilities of receivers and licensees.
Section 630.810 - Compact enacted — form.
Section 630.815 - Director of department to make rules — cooperate in administration.
Section 630.820 - Supplementary agreements authorized, when effective.
Section 630.825 - Expenses, how paid.
Section 630.830 - Transfer of patient, duty of administrator.
Section 630.835 - Copies of law furnished other states.
Section 630.850 - Compact enacted — form.
Section 630.855 - Contracts authorized, limitations.
Section 630.925 - Mental health fatality review panel established, members, duties.
Section 630.927 - Rulemaking authority.
Section 630.950 - Immunity from liability, when.
Section 630.975 - Rulemaking authority — disclosure of records, when.