Be it enacted by the General Assembly of the state of ________ as follows:

Section 1. As used in sections 1 to 5 of this act, the following terms mean:

(1) "Informed consent," consent to mental health treatment based upon a full, fair and truthful disclosure of known and reasonably foreseeable benefits, risks and hazards of the proposed treatment and of alternative treatments. This process allows the patient, client or recipient of mental health treatments, or the legal guardian of such patient, client or recipient, to exercise a free and independent judgment by reasonably balancing the probable risks against the probable benefits;

(2) "Mental health care provider," a psychiatrist, psychologist, school psychologist, marriage and family therapist, social worker, chemical dependency counselor, group therapy leader, licensed or certified professional counselor, psychiatric nurse or any other individual or organization that provides mental health services or claims to be a mental health provider.

Section 2.

1. Mental health patients, clients, and recipients of mental health treatments, as all consumers of medical and other health care services, have a legal and moral right to be fully and fairly informed of the risks and hazards and relative benefits of all proposed mental health treatments and of alternative treatments.

2. Before providing mental health services, mental health care providers must:

a. truthfully inform each patient, client or recipient of mental health treatments of the mental health care provider’s training and credentials;
b. inform each patient, client or recipient of mental health treatments of his or her right to withdraw consent for treatment at any time;
c. truthfully inform each patient, client or recipient of mental health treatments of the risks, hazards and relative benefits of all proposed mental health treatments and of alternative treatments; and
d. obtain written informed consent from each patient, client or recipient of mental health treatments.

Section 3. Licensing boards governing the conduct of mental health care providers shall adopt and enforce rules of professional conduct mandating the informed consent contained in section 2 of this act.

Section 4. Patients, clients or recipients of mental health services who are incompetent, by virtue of infancy, mental status or other legally valid reason, shall provide informed consent for mental health treatment through the written informed consent and signature of a legal guardian.

Section 5. A violation of any of the provisions of sections 1 to 4 of this act shall constitute, at the discretion of the relevant licensing board, grounds for revocation or suspension of any mental health care provider's license or certification to practice in the state of _________. Each violation shall be reported to the public upon inquiry.

top of page