HB 697 -- Informed Consent for Mental Health Treatment

Co-Sponsors:  Ostmann, Holand, Linton

This bill requires that mental health patients, clients, and
recipients of mental health treatments have a legal and moral
right to be fully informed of risks, hazards, and relative
benefits of all proposed mental health treatments and
alternative treatments.

The bill:

(1)  Defines informed consent and mental health care providers;

(2)  Requires mental health care providers, prior to providing
mental health care services, to inform potential patients of
their training and credentials, of the right to withdrawal of
consent for treatment, and of the relative benefits and risks of
all proposed mental health treatments and alternative treatments;

(3)  Requires that mental health care providers obtain written
informed consent from every patient or recipient of mental
health care treatments;

(4)  Requires that licensing boards of authorized mental health
care providers adopt and enforce the written informed consent
provision;

(5)  Permits written informed consent to be obtained by a
signature from a legal guardian of the patient or the recipient
of mental health services when informed consent cannot be
obtained due to incompetency, mental status, or other legal
reasons; and

(6)  Sets penalties for mental health care providers who violate
this bill.  Penalties can be assessed according to the
discretion of the relevant licensing board of the mental health
care provider.  Each violation can be reported to the public
upon request.