2011 Connecticut Code
Title 17a Social and Human Services and Resources
Chapter 319i Persons with Psychiatric Disabilities
Sec. 17a-540. (Formerly Sec. 17-206a). Definitions.

      Sec. 17a-540. (Formerly Sec. 17-206a). Definitions. As used in sections 17a-540 to 17a-550, inclusive, unless otherwise expressly stated or unless the context otherwise requires:

      (1) "Facility" means any inpatient or outpatient hospital, clinic or other facility for the diagnosis, observation or treatment of persons with psychiatric disabilities;

      (2) "Patient" means any person being treated in a facility;

      (3) "Persons with psychiatric disabilities" means those children and adults who are suffering from one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders";

      (4) "Voluntary patient" means any patient sixteen years of age or older who applies in writing for and is admitted to a hospital for observation, diagnosis or treatment of a mental disorder or any patient under sixteen years of age whose parent or legal guardian applies in writing for such observation, diagnosis or treatment;

      (5) "Involuntary patient" means any patient hospitalized pursuant to an order of a judge of the Probate Court after an appropriate hearing or a patient hospitalized for emergency diagnosis, observation or treatment upon certification of a qualified physician;

      (6) "Family" means spouse or next of kin;

      (7) "Head of the hospital" or "head of the facility" means the superintendent or medical director of a hospital or facility, or his designated delegate;

      (8) "Informed consent" means permission given competently and voluntarily after a patient has been informed of the reason for treatment, the nature of the proposed treatment, the advantages or disadvantages of the treatment, medically acceptable alternative treatment, the risks associated with receiving the proposed treatment and the risk of no treatment;

      (9) "Medically harmful" means capable of inflicting serious mental or physical injury on the patient, or producing in the patient a disturbed mental state or impaired judgment which may be grossly detrimental to his physical or mental well being;

      (10) "Psychosurgery" means those operations defined as lobotomy, psychiatric surgery, behavioral surgery and all other forms of brain surgery, if the surgery is performed for the purpose of modification or control of thoughts, feelings, actions or behavior rather than the treatment of a known and diagnosed physical disease of the brain;

      (11) "Shock therapy" means a form of psychiatric treatment in which electric current, insulin, carbon dioxide or indoklon, or other similar agent, is administered to the patient and results in a loss of consciousness or a convulsive or comatose reaction;

      (12) "Direct threat of harm" means that the patient's clinical history demonstrates a pattern of serious physical injury or life-threatening injury to self or to others which is caused by the psychiatric disabilities with which the patient has been diagnosed and is documented by objective medical and other factual evidence. Such evidence of past pattern of dangerous behavior shall be manifested in the patient's medical history and there shall exist a high probability that the patient will inflict substantial harm on himself or others; and

      (13) "Special limited conservator" means a licensed health care provider with specialized training in the treatment of persons with psychiatric disabilities appointed by a judge of the Probate Court with specific authority to consent to the administration of medication to a defendant during the pendency of such defendant's placement in the custody of the Commissioner of Mental Health and Addiction Services pursuant to section 54-56d. Upon the termination of the patient's placement in the custody of the commissioner pursuant to section 54-56d, the special limited conservatorship shall automatically terminate.

      (1971, P.A. 834, S. 1; P.A. 74-8, S. 1, 2; 74-9, S. 1, 2; P.A. 78-219, S. 5; P.A. 93-369, S. 2; P.A. 95-257, S. 48, 58; P.A. 04-160, S. 1.)

      History: P.A. 74-8 redefined "voluntary patient" by replacing "over sixteen years of age" with "sixteen years of age or older"; P.A. 74-9 added Subdiv. (i) defining "medically harmful"; P.A. 78-219 defined "psychosurgery" and "shock therapy" in new Subdivs. (j) and (k) and referred to "most recent" edition of Manual of Mental Disorders in Subdiv. (c) rather than the "second" "1968" edition; Sec. 17-206a transferred to Sec. 17a-540 in 1991; P.A. 93-369 changed "the mentally disordered" to "persons with a mental illness", redefined "informed consent" and added definition of "direct threat of harm"; P.A. 95-257 replaced "mental illness" with "psychiatric disabilities", effective July 1, 1995; P.A. 04-160 redesignated Subdivs. (a) to (l) as Subdivs. (1) to (12), made technical changes and added Subdiv. (13) defining "special limited conservator".

      Annotations to former section 17-206a:

      Cited. 17 CA 130.

      Sixteen-year-old voluntary patient's rights same as adult. 30 CS 320.

      Subsec. (a):

      Cited. 213 C. 548.

      Subsec. (b):

      Cited. 213 C. 548.

      Subsec. (d):

      Cited. 213 C. 548.

      Cited. 33 CS 191.

      Subsec. (e):

      Cited. 213 C. 548.

      Annotations to present section:

      Cited. 233 C. 44. Conserved person may bring an action on her own behalf pursuant to patients' bill of rights. Action on behalf of a conserved person may be brought by a next friend pursuant to patients' bill of rights where there are exceptional circumstances. 252 C. 68. Superior Court has subject matter jurisdiction over a complaint brought pursuant to patients' bill of rights. Id.

      Cited. 44 CS 53.

      Subdiv. (a):

      Term "other facility" does not encompass correctional institutions. 269 C. 802.