Texas Health and Safety Code 578.002 – Use of Electroconvulsive Therapy
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(a) Electroconvulsive therapy may not be used on a person who is younger than 16 years of age.
(b) Unless the person consents to the use of the therapy in accordance with § 578.003, electroconvulsive therapy may not be used on:
(1) a person who is 16 years of age or older and who is voluntarily receiving mental health services; or
(2) an involuntary patient who is 16 years of age or older and who has not been adjudicated by an appropriate court of law as incompetent to manage the patient’s personal affairs.
Terms Used In Texas Health and Safety Code 578.002
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) Electroconvulsive therapy may not be used on an involuntary patient who is 16 years of age or older and who has been adjudicated incompetent to manage the patient’s personal affairs unless the patient’s guardian of the person consents to the treatment in accordance with § 578.003. The decision of the guardian must be based on knowledge of what the patient would desire, if known.