(1) Shock therapy as a lifesaving emergency medical measure may be administered to a patient who is competent and capable of giving informed consent and who has given consent, or a patient who is incompetent or incapable of giving informed consent, without prior court authorization. However, all pertinent clinical data relating to the nature of the emergency and the treatment given will be presented to the court for review within ten days of the first instance of emergency shock treatment.

(2) When a patient is competent and capable of giving informed consent and has done so, and the court has authorized such treatment, shock therapy may be administered in a nonemergency course of treatment. No form of shock therapy may exceed three months of continuous treatment nor more than three months in any 12-month period.

(1) The warden or superintendent will appoint a committee of physicians, two of whom are board certified or eligible for board certification in psychiatry or neurosurgery, to review the patient's treatment record and the determination of the attending physician. At least one of the attending physicians must not be a full-time employee of the Department.

(2) Before shock treatment may be administered, this committee must unanimously agree with the attending physician's determination that it is required and, if it is to be performed under the provisions of subsection (b), that the patient has the ability to give informed consent and has in fact given informed consent.

(1) A patient, or patient's attorney, guardian or conservator may file a petition with the superior court of the county in which the patient is confined for an order to prohibit the administration of shock therapy upon the patient. This petition must be served by the county clerk upon the warden or superintendent on the same day it is filed and constitutes a refusal of consent or withdrawal of any prior consent.

(2) The warden or superintendent has ten days to file a response to the petition. The superior court may grant a continuance of ten additional days. The response must be served upon the patient, and upon the patient's attorney, guardian or conservator on the same day it is filed with the clerk of the superior court.

(1) If the patient is incapable of giving informed consent to a program of shock therapy, and the attending physician believes that such treatment is required for the health and safety of the patient, the attending physician may request the permission of the warden or superintendent. If the warden or superintendent agrees with the request and the committee, appointed pursuant to subsection (c)(1), also unanimously agrees that such therapy is required, the warden or superintendent will forward the request to the Chief, Medical Services, for review and recommendation to the Secretary. If the Secretary concurs in the course of treatment, the warden or superintendent will petition the superior court for permission to conduct the hearing. No treatment will be conducted until after a hearing at which the patient is represented by counsel and after a court order authorizing the treatment is issued.

(2) In an extraordinary case, the attending physician may determine that shock treatment is required for a longer period of time than three months, or more frequently than three months in the period of one year. The same procedures as in subsection (g)(1) will be followed before any further shock therapy will be administered.