Court Upsets City’s Ban on Shock Therapy

Berkeley’s local ban on electroshock treatment violates state law, which gives patients a right to the controversial therapy in tightly regulated circumstances, a state appeals court has ruled.

A three-judge panel of the 1st District Court of Appeal upheld a ruling by Alameda County Superior Court Judge Winton McKibben striking down the ordinance, which was adopted by Berkeley voters in 1982. The city is expected to appeal to the state Supreme Court.

The measure, unique in California, makes administration of electroshock in Berkeley a crime punishable by up to six months in jail and a $500 fine. It has never taken effect because of court orders.

It was sponsored by a coalition of current and former mental patients and their supporters among health professionals, and was challenged by psychiatrists’ organizations.

Controversial Therapy

Electroshock, also called electroconvulsive treatment or ECT, is considered effective by some psychiatrists against depression, but others call it useless and dangerous.

A 1977 state law allows the treatment after the doctor has explained all the known risks and alternatives and the patient has consented in writing. A guardian can consent for a mentally incompetent adult, after a hearing; the treatment is also allowed for minors as young as 12 in life-or-death emergencies.