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NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2017
ECT administered
on grounds of necessity
In 2017, the National Preventive Mechanism (NPM) has especially
examined the practice at mental health care institutions where ECT is
administered without the patient’s consent. Administering ECT without
consent is prohibited, but in some cases, the treatment is given on
grounds of necessity. Findings were made during a number of visits in
2017 that highlight that patients are subject to a high risk of inhuman
or degrading treatment.
Background
Electroconvulsive therapy (ECT, also known as
electroshock therapy) is a form of treatment whereby
short, low-voltage electric shocks are administered to
the patient’s brain. The treatment is administered 2–3
times a week (the total number of ECT treatments is
usually between six and twelve), and it is administered
under anaesthetic together with a muscle relaxant.
Although the treatment is permitted in Norway, experts
in the field disagree about the use of ECT and whether
it can lead to permanent brain damage.1 Some patients
have experienced serious side effects after ECT (such
as memory loss), and a number of them have been
awarded compensation from the Norwegian System
of Patient Injury Compensation (NPE).2
In the preparatory works to the Mental Health Care
Act of 1999, the Ministry stated that the principle of
necessity can constitute grounds for administering
ECT without the patient’s consent, if the patient’s life
is at risk, or if there is a risk of serious harm to the
patient's health.4 The Ministry made reference to the
provision on the principle of necessity in the General
Civil Penal Code (Section 47 of the General Civil Penal
Code of 1902). Pursuant to Section 17 of the current
General Civil Penal Code, an act that would otherwise
constitute a criminal offence is lawful when it is done
to save life, health, property or another interest from a
danger that cannot be averted in any other reasonable
manner, and the danger far exceeds the risk of harm
from the action.
As ECT is considered to be a serious intervention,
it may not be administered without the patient’s
consent.3 The Norwegian authorities nonetheless
allow ECT to be administered without consent
on grounds of necessity in special situations.
1 Aslak Syse, Gyldendal Rettsdata annotated version of the Mental Health Care Act, Section 4-4, last revised on 5 November 2016.
2 See overview: https://www.npe.no/nn/pasientsikkerhet-og-statistikk/Temaartiklerogfaktaark/Psykisk-helsevern.
3 The Patient and User Rights Act Section 4-1 and the Mental Health Care Act Section 4-4 second paragraph.
4 Proposition No 11 (1998–1999) to the Odelsting page 108–109.
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