Statutes, codes, and regulations
Mississippi Administrative Code
Title 24 - Mental HealthPart 1 - Policies of the Mississippi Board of Mental HealthChapter 4 - Treatment Programs
Subchapter 1 - Administration of ECT
Rule 24-1-4.1.7 - CONSENT TO ECT

24 Miss. Code. R. 1-4.1.7

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Current through December 10, 2024
Rule 24-1-4.1.7 - CONSENT TO ECT
A.Full Explanation.

Every patient and/or consenting party to whom ECT is proposed shall be given a full explanation of ECT by the physician. The patient and/or consenting party shall be given the opportunity to have any questions concerning the procedures answered, to meet with a member of the ECT Committee, and to seek legal counsel.

B.Determination of Competence.

Following the medical evaluation of the patient, if ECT is approved by a psychiatrist Medical Staff member of the ECT Committee, the remaining member will be informed of the proposed treatment and the opinion of the ECT Committee members with respect to the patient's competence and ability to give informed consent.

C.Legal Review and Independent Evaluation.

The lawyer appointed by the Hospital Director will evaluate the patient's willingness and ability to consent to ECT freely and without coercion. If, after the lawyer has reviewed the medical record and met with the patient, the lawyer requests an independent evaluation of the patient's competence, the Clinical Director will arrange for an evaluation of the patient's competence by an independent psychiatric consultant, who may be on the consulting staff of Mississippi State Hospital. The independent psychiatrist will document the findings of his/her evaluation in the patient's clinical record and report such findings to the ECT Committee.

D.Committee Concurrence.

Following an evaluation by the independent psychiatrist, (if required) ECT shall not be administered without the concurrence of two (2) members of the ECT Committee with the positive determination of the consulting psychiatrist.

E.Competent Patients (except in an emergency).
1. No adult patient shall be given ECT unless informed consent has been obtained.
2. No minor patient between sixteen (16) and twenty-one (21) years will be given ECT unless the parent or legal guardian of the person has given informed consent or court order obtained.
3. No minor patient under sixteen (16) years of age will be given ECT without an order from court of competent jurisdiction.
F.Incompetent Patients.

ECT shall not be administered to incompetent patients unless informed consent has been obtained from:

1. The individual designated as the correspondent next of kin in the patient's medical record, provided that person meets the criteria set forth in Section 41-41-3 of the Mississippi Code of 1972, or, if that person is not qualified, or unavailable, from another person as designated by the same statute. Documentation should reflect whether consent is sought from more than one person, and consent shall not be valid if there is disagreement between persons related to the patient to the same degree or
2. Unless treatment has been ordered by a court of competent jurisdiction.
G.Emergency.

If an emergency exists, consent to ECT may be implied as provided in Section 41-41-7 of the Mississippi Code of 1972, only for such treatment as is necessary to remove the immediate threat to the life of the patient.

24 Miss. Code. R. 1-4.1.7

Miss Code Ann. § 41-4-1, et seq. and § 41-4-7.