BERKELEY, Calif. -- A hospital psychiatrist says Berkeley's newly passed ban on electroshock treatment is 'absurd' and will be challenged in court.
The Northern California Psychiatric Society is also considering taking the issue to court on grounds the ban endorsed by voters Tuesday is unconstitutional.
'It has to be challenged. It's absurd,' said Dr. Martin Rubenstein, one of two psychiatrists at Herrick Hospital who administer electroshock therapy.
The electroshock ban was passed by 60 percent of Berkeley voters but will not take effect until election returns are officially certified, which could take several weeks.
Rubenstein said Friday the ban was dangerous because it left a medical decision up to the voters instead of physicians.
'The absurdity is that an uninformed electorate is asked to pass on the merits and efficacy of a medical procedure,' said Rubenstein. 'It sets a dangerous precedent.'
Ban organizer and ex-mental patient David Oaks said setting a precedent is exactly what the intiative's backers had in mind as one step in a nationwide drive for a 'mental bill of rights.'
Oaks said the movement was aimed at stopping 'acts of coercion' against mental patients such as forcible drugging, involuntary committment, solitary confinement and restraint.'