Electro-convulsive therapy (ECT) involves the passage of an electrical current through the brain of a patient to produce a grand mal seizure.
ECT has been used to treat behaviour issues and depression in people with developmental disabilities. While studies have been done on the effectiveness of ECT, the risks and benefits of ECT specific for people with developmental disabilities are unknown. The decision to apply ECT is often made before all other options are sufficiently explored. The result is an invasive treatment as opposed to something less intrusive that addresses the cause of the behavior problem or depression. Because the risks involved with ECT to people with developmental disabilities are unknown, BCACL considers this treatment experimental.
While there are some protections in the Health Care (Consent) Care Facility (Admission) Act, legislation continues to leave people with developmental disabilities vulnerable to this intrusive treatment.
Consent to Electro-convulsive Therapy (ECT) by a temporary substitute decision maker is covered under the Health Care (Consent) Care Facility (Admission) Act, section 18. Under the Health Care Consent Regulation, section 5, any temporary substitute decision maker making a decision to consent to ECT on behalf of an adult who is incapable of making that health care decision, must have a written recommendation from two physicians. In addition, the treating physician is required to contact the Community Legal Assistance Society (CLAS). ECT is considered major health care and therefore is subject to the 72 hour review period before the treatment can be given.
The consent provisions of the Health Care Consent Act do not apply to anyone certified under the Mental Health Act receiving psychiatric treatment. Therefore the decision to provide an adult who is certified under the Mental Health Act with ECT is the decision of the treating physician. While the adult and family may be consulted in the decision, consent is not required for ECT or any other psychiatric treatment. Notification of CLAS and the 72 hour review period before commencing treatment does not apply.