33-8-309 - Electroconvulsive therapy Petition to court.
33-8-309. Electroconvulsive therapy Petition to court.
(a) Electroconvulsive or other convulsive therapy may be initiated prior to a court hearing under §§ 33-8-305 33-8-313, if the petitioner files a petition with the court having jurisdiction of the child's commitment under chapter 6, part 5 of this title, if the proceeding is pending, or otherwise files a petition in the juvenile court where the child resides, was committed to state custody, or may be found.
(b) The petition shall be verified by the mental health professional, hospital or treatment resource seeking authorization to administer the therapy and shall state the nature of the therapy for which authorization is sought, and the facts upon which the petitioner relies to support the claim that it has been determined under § 33-8-302 that the convulsive therapy may be necessary for the child.
(c) (1) Attached to the petition shall be an affidavit from a child psychiatrist, who shall be child and adolescent certified by the American Board of Psychiatry and Neurology, stating that:
(A) It has been determined under § 33-8-302 that the convulsive therapy may be necessary for the child; and
(B) There is insufficient time to complete the procedure provided by §§ 33-8-30533-8-313, and therefore treatment prior to a court hearing is necessary.
(2) The affidavit shall provide the specific factual, medical and clinical basis supporting the requirements of this section.
(d) The child psychiatrist shall personally examine the child within twenty-four (24) hours of the filing of the petition.
(e) The child psychiatrist shall not be in a professional practice or association with the attending physician, nor have any direct financial interest in any private hospital or treatment resource in which the child is to be detained or receive therapy.
(f) If the petition and affidavit have been filed in conformity with this section, electroconvulsive or other convulsive therapy may be initiated. Electroconvulsive or other convulsive therapy shall be discontinued immediately when any of the conditions required under §§ 33-8-302(1) and (2) and 33-8- 303(1) that justified the therapy are no longer true.
[Acts 1976, ch. 489, § 1; 1978, ch. 877, §§ 1, 2; T.C.A., §§ 33-320, 33-3-201(g)(1), (2); Acts 2000, ch. 947, §§ 1, 6.]