What is the right to refuse electroconvulsive therapy?
The right to refuse electroconvulsive therapy (ECT) in California is a fundamental right enshrined in the state’s mental health law. According to the law, a minor aged 12 or above has the right to refuse ECT, and parents or guardians of a minor aged 12 or above must provide their written consent for the treatment to go ahead. Even where a minor lacks capacity to provide consent themselves, the law states that they are still entitled to a second opinion. In addition to minors aged 12 and above, the law also states that any adult undergoing mental health treatment has the right to refuse ECT. This applies even if the patient appears to be in imminent danger and this decision is respected by practitioners. In all cases, the patient’s mental health team should discuss the risks and benefits of the treatment with the patient before it is performed. Additionally, when discussing the patient’s right to refuse, the team should provide all necessary information to the patient and explain the consequences of refusal. This is done to ensure the patient is making an informed decision about their own health. Ultimately, the right to refuse ECT in California is a fundamental right that is respected by practitioners and protected by the state’s mental health law. This ensures that all mental health patients in the state have the right to make an informed decision about their own health without being forced into treatments they don’t want.
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