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CONTACT

HOW CAN I STOP ECT TREATMENT?


Telephone: (08) 9328 8266

1. Voluntary patients can refuse ECT, in FREE CALL STATEWIDE: 1800 620 285
non-emergency situations. Facsimile: (08) 9328 8577 AUTHORISING
Mail: PO BOX 8466, Perth WA 6849
2. Involuntary patients:
Web: www.mhlcwa.org.au
ELECTROCONVULSIVE
i) In non-emergency situations, a person can
lawfully administer ECT to an involuntary
patient only if ECT has been recommended by
Email: office@mhlcwa.org.au THERAPY (ECT) IN WA
the patients treating psychiatrist and
approved by another psychiatrist. Other MHLC Publications:
Mental Health Law Centre
ii) The approving psychiatrist will consider :
Patients Rights Guide
if ECT is likely to help you;
Community Treatment Orders
whether or not you can give informed Psychiatric Treatment
consent to the treatment; and Voluntary Hospital Patients
if you have consented to the treatment. Involuntary Hospital Patients
iv) If the approving psychiatrist does not agree Electroconvulsive Treatment
that ECT is the right treatment for you, then the Criminal Law, Mental Illness and Men-
tal Impairment in Western Australia
ECT decision must be referred to the Mental
Pocket Guide to Communicating with
Health Review Board by the psychiatrist a member of the public who may be
recommending ECT, before ECT is delivered. unwell

v) The Board cannot order ECT treatment but it


Need free legal help with your Mental
Health Review Board? MENTAL HEALTH
may recommend; Need free legal help with your
different treatment;
Guardianship or Administration Hear-
ing
LAW CENTRE (WA) Inc
a change in psychiatrist; and/or International Conventions on Human
Rights Poster
change from involuntary to voluntary status. Plain English Guide to your Medical
Records in WA
HOW CAN I COMPLAIN ABOUT MY ECT
TREATMENT?
Disclaimer of Liability
If you are unhappy with your treatment you can
seek a second opinion from another psychiatrist The writer, publisher and the Mental Health Law Centre (WA) Inc. disclaim liabil-
ity as to the reliability and completeness of the information in this publication
or a review of your treatment by the Mental and disclaim any liability for action taken or not taken as result of this content or
for any errors and omissions. It is emphasised that the reader may need legal
Health Review Board. The MHLC can help you advice in relation to their particular circumstances. **Please note upcoming legislative changes in
with these and other options. July 2014 2014/15 may have an effect on the accuracy of
information in this brochure.
WHAT IS ECT? WHEN CAN I BE GIVEN ECT? AM I A VOLUNTARY OR INVOLUNTARY
ECT is treatment for mental illness. It involves passing PATIENT?
an electric current through the brain to induce a 1. If you are a voluntary patient:
minor seizure, while you are under general You are an involuntary patient if you are subject to
anaesthesia, ECT can only be given with your free and a valid relevant order under the Mental Health Act,
voluntary informed consent and cannot be for your detention in an authorised hospital as an
WHEN IS ECT USED? given if you refuse the treatment; involuntary patient; or treatment without your
A doctor can prescribe ECT to treat mental illness Your consent must be informed by a clear and consent on a Community Treatment Order.
such as severe depression, mania, catatonia and sufficient explanation of the proposed
schizophrenia when, for example: treatment, and possible risks and side effects so You are a voluntary patient if you are not an
your medication has not improved your illness or you can make a balanced judgment about the involuntary patient.
you cannot tolerate the side effects of your ECT; and
medication, and/or The right to consent includes the right to WHAT IS INFORMED CONSENT?
you responded to ECT positively in the past. withdraw the consent to ECT, for example, just
before the treatment is about to be given, even Under the Mental Health Act you cannot give
NB: Before starting ECT ask your doctor for
if you have signed a consent form. informed consent unless you are capable of
information about it, including possible side effects
understanding the things that must be
and any tests that can be done to ensure ECT is
2. If you are an involuntary patient under the Mental communicated to you, the matters involved in your
safe for you.
Health Act 1996 (WA) or a mentally impaired decision and the effect of giving your consent,
accused person under the Criminal Law (Mentally noting as follows:
WHAT IS THE STANDARD OF CARE OWED TO Impaired Accused) Act 1996 (WA): a voluntary patient who lacks the legal
ME WHEN RECEIVING ECT TREATMENT? capacity to give informed consent cannot
Medical practitioners owe you a duty of care for a ECT can be given without your consent if your consent to ECT;
their advice, diagnosis and treatment of you. The psychiatrist recommends it and a second failure to offer resistance to treatment is not
standard of care owed to you must be consistent psychiatrist approves it. informed consent; and
with care widely accepted by other medical The approving psychiatrist must consider you must be given sufficient time to consider
practitioner specialists prescribing and not whether or not you should have ECT by the ECT treatment information and to obtain
prescribing ECT treatment. considering whether or not ECT has merit, is other advice.
A medical practitioner may breach their duty of appropriate and if you can give informed
care to you if he/she fails to warn you of material consent. Where the second psychiatrist does Legal capacity is different from mental capacity.
and significant risks associated with treatment, not approve the ECT recommendation, the
which is called their duty to warn you. Your recommending psychiatrist must refer the CAN I BE GIVEN EMERGENCY ECT?
consent to medical treatment is not consent disagreement in writing to the Mental Health
unless it is made on the basis of relevant information Review Board to resolve.
and advice, which you understand. Emergency ECT can be given to save your life or to
The purpose of this brochure is to provide the
prevent you from seriously harming yourself or
Involuntary patients under Mental Health Act reader with a basic understanding of the legal rules another person. Emergency ECT can be given to
and Voluntary patients orders must be given the around ECT procedures in Western Australia. The voluntary or involuntary patients. A record must be
opportunity to be adequately informed about clinical justifications for ECT is beyond the scope of made of emergency ECT including particulars of
ECT when it is recommended. this brochure. You should consult your clinical team time, place and all persons associated with the
ECT treatment authoriisation must comply with for such information or the website of the Chief emergency ECT treatment.
the requirements of the Mental Health Act . Psychiatrist www.chiefpsychiatrist.health.wa.gov.au

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