---------- Forwarded message ----------
From: guy perea <guyperea@gmail.com>
Date: Sat, 17 Mar 2012 09:38:21 +0800
Subject: ECT
To: "guyperea.unitedstates1" <guyperea.unitedstates1@blogger.com>,
"patty.ptusss.martinez845.2011ussss"
<patty.ptusss.martinez845.2011ussss@blogger.com>
Informed consent is a standard of modern electroconvulsive therapy. [
5 ] According to the Surgeon General, involuntary treatment is
uncommon in the United States
Electroconvulsive therapy ( ECT )
Pysco shock treatment legal
Shock Treatment: (§ 5326.4.)
If the treating physician feels shock treatments are necessary, he
must give an extensive oral explanation to the patient and his
relative, guardian, or conservator.
Shock treatments shall be performed only after:
(a) The patient gives written informed consent.
(b) The patient has capacity to consent.
(c) A relative, guardian or conservator has been given a thorough oral
explanation.
(d) "Adequate documentation" has been entered in the patient's record.
All other treatments have been exhausted and the treatmentis
critically needed.
(e) There has been a review by three appointed physicians (two
board-certified) who agree with the treating physician that the
patient has capacity to consent.
If the patient does not have the capacity to consent, shock treatments
can be given if conditions (c), (d) and (e) are met.
No shock treatments may be given if the patient is able to give
informed consent and refuses. [57Cal. App. 3d 670]
The bill also provides for civil penalties of $10,000 or license
revocation of doctors who violate these sections (§ 5326.5). fn. 2
Petitioners assert the changes are unconstitutional in certain
respectsand want a peremptory writ of mandate permanently preventing
respondents from enforcing the amendments.
[1] Original jurisdiction in this court is proper. The Supreme Court
and the Court of Appeal may take original jurisdiction in cases of
mandamus, prohibition or certiorari. (Cal. Const., art. VI, § 10.)
However, California Rules of Court, rule 56(a)(1) requires: "If the
petition might lawfully have been made to a lower court in thefirst
instance, it shall set forth the circumstances which ... render it
proper that the writ should issue originally from the reviewing
court...."
Thus, exceptional circumstances must be shown before a reviewing court
will take jurisdiction, such as issues of great public import and the
necessity for prompt resolution ofthose issues (Ramirez v. Brown, 9
Cal. 3d 199 , 202-203 [107 Cal.Rptr. 137, 507 P.2d 1345]; Jolicoeur v.
Mihaly, 5 Cal. 3d 565 , 570, fns. 1 & 2 [96 Cal.Rptr. 697, 488 P.2d
1]; San Francisco UnifiedSchool Dist. v. Johnson, 3 Cal. 3d 937 , 944
[92 Cal.Rptr. 309, 479 P.2d 669]; State Board of Equalization v.
Watson, 68 Cal. 2d 307 [66 Cal.Rptr. 377, 437 P.2d 761]; County of
Sacramento v. Hickman, 66 Cal. 2d 841 [59 Cal.Rptr. 609, 428 P.2d
593]). In the present proceeding, the constitutionality of a
state-wide law is challenged; and the rights of mental patients are
dramaticallyaffected by delaying a dispositive decision of this
legislation's constitutionality. fn. 3 The case is proper for this
Court to exercise original jurisdiction (see Villa v. Hall, 6 Cal. 3d
227 [98 Cal.Rptr. 460, 490 P.2d 1148], vacated 406 U.S. 965 [32
L.Ed.2d 664, 92 S.Ct. 2407], subs. opn. 7 Cal. 3d 926 [103 Cal.Rptr.
863, 500 P.2d 887];Mooney v. Pickett, 4 Cal. 3d 669 , 674-675 [94
Cal.Rptr. 279, 483 P.2d 1231]; 6 Witkin, Cal. Procedure (2d ed.)
Extraordinary Writs, 1975 Supp., pp. 57-58). Theuse of a writ of
mandate to prohibit the enforcement of an illegal statute is proper
where prohibition would not lie. [57 Cal. App. 3d 671]
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