Enacts provisions relating to the use of electroconvulsive therapy

Summary of specific provisions

Title E of the mental hygiene law is amended by adding a new article 83. This bill prohibits the use of elec- troconvulsive therapy on a person under the age of sixteen in New York State. It also ensures that ECT is not used on an individual without the individual's written consent.

This legislation also provides that a person be fully informed about the efficacy, benefits and risks of the procedure including the possibility of permanent irrevocable memory loss and even death. Additionally, an individual has the right to reverse a previous decision to receive ECT for any reason at any given time.

Only a physician may administer ECT and only equipment that is regis- tered with the state can be used in the procedure. The Department has the right to prohibit the use of certain equipment that is perceived as dangerous to the patient.

Any mental hospital or facility administering electroconvulsive therapy, psychosurgery, or other similar treatments must closely monitor such treatments and issue a quarterly report to the department. The report should include detailed information about all individuals receiving the treatments such as personal data (age, sex, and race); source of treat- ment payment; average number of non-electroconvulsive treatments; aver- age number of electroconvulsive treatments; side effects of treatments (fractures, memory loss, cardiac arrest); related deaths, etc.

All collected data will be audited and analyzed by the department and used to prepare an annual report for the Governor, the Temporary Presi- dent of the Senate and the Speaker of the Assembly.

Justification

Insufficient evidence exists to determine the effective- ness of electroconvulsive therapy. While some people claim that ECT has produced successful results in patients, others have argued that ECT has not been effective at all and that the adverse effects of ECT far outweigh any positive results.

One of the most significant side effects of ECT is a loss of memory. In some instances it is minimal, but in other cases it has been quite extreme, forever deteriorating an individual's quality of life. For example, some people have reported that, after being treated with ECT, they have failed to recognize close friends and family members or forgotten how to perform simple tasks such as cooking; while others have

repeatedly become disoriented while driving, forgetting directions to their home or places they frequently visited.

Recent reports have indicated that in the last 18 months there has been a 7096 increase in the use of ECT on patients in Office of Mental Health (0MH) facilities. However, there is no data available to document the effects ECT has had on the patients receiving such treatment. This bill will protect the rights of patients, and require the OMH to conduct a full assessment of treatment outcomes.

Prior legislative history

2001/2002 - A.8960 - Ref to Mental Health; ref to Mental Health 2003/04 A2862 - Ref to Codes 2005/06 A4398 - Ref to Mental Health 2007/08 - A5900 - ref to mental health

Fiscal implications for state and local governments

None

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however that effective immediately the commissioner of mental health may promulgate any rules and regulations necessary for the implementation of the provisions of this act on such date.