25-01.2-09. Punishment - Seclusion - Restraints - Psychosurgery - Sterilization -
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/nd/title-25/chapter-25-01-2-developmental-disability/25-01-2-09·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Shock treatment.
An individual with a developmental disability receiving services at any institution, facility, or individualized setting from a public or private agency or organization may not at any time:
1. Be subjected to any corporal punishment or shock treatment.
2. Be secluded, except to ensure immediate physical safety of the individual or others.
3. Be restrained, except to ensure immediate physical safety of the individual or others.
4. Be subjected to psychosurgery, sterilization, medical behavioral research, or
pharmacological research, except in conformity with an order of a court of competent
jurisdiction. Under no circumstances may an individual receiving treatment be
subjected to hazardous or intrusive experimental research that is not directly related to
the specific goals of that individual's treatment program.
5. Be subjected to electroconvulsive therapy without that individual's or guardian's written
and informed consent. If the recipient of services is a minor, the recipient's parent,
custodian, or guardian may provide informed consent for that treatment, which the
parent, custodian, or guardian believes to be in the recipient's best interests.