Section 630.130

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 630

Effective - 28 Aug 2014, 2 histories   

  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.  

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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.).