Bill Text: NY A01166 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Prohibits the use of aversive conditioning which includes any procedure which causes obvious signs of physical pain, including but not limited to hitting, pinching and electric shock; prohibits the use of any procedure or punishment which denies a vulnerable person reasonable sleep, shelter, bedding, bathroom facilities and any other aspect expected of a humane existence; defines terms.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced) 2024-01-03 - referred to children and families [A01166 Detail]

Download: New_York-2023-A01166-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1166

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Children and Families

        AN ACT to amend the social services law, in relation to prohibiting  the
          use of aversive conditioning and other certain punishments

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The social services law is amended by adding a new  section
     2  498 to read as follows:
     3    §  498. Aversive conditioning. Notwithstanding any provision of law to
     4  the contrary:
     5    1. No program, agency or facility that is funded, operated,  licensed,
     6  or  approved  by  the state or an agency or political subdivision of the
     7  state shall administer or cause  to  be  administered  to  a  vulnerable
     8  person any procedure which uses aversive conditioning.
     9    2.  No program, agency or facility that is funded, operated, licensed,
    10  or approved by the state or an agency or political subdivision  of   the
    11  state  shall  use  any  form  of  physical contact or punishment that is
    12  otherwise prohibited by law, or would be prohibited if used on a  person
    13  who is not vulnerable.
    14    3.  No program, agency or facility that is funded, operated, licensed,
    15  or approved by the state or an agency or political  subdivision  of  the
    16  state  shall  use  any  procedure or punishment that denies a vulnerable
    17  person reasonable sleep, shelter, bedding, bathroom facilities  and  any
    18  other aspect expected of a humane existence.
    19    4. Any student with an individualized education program that is effec-
    20  tive  as  of  the  effective  date of this section shall be permitted to
    21  complete such program, provided that such student is not  subjected  to:
    22  aversive  conditioning; physical contact or punishment that is otherwise
    23  prohibited by law, or would be prohibited if used on a person who is not
    24  vulnerable; or any other procedure or punishment that denies  a  vulner-
    25  able  person reasonable sleep, shelter, bedding, bathroom facilities and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03550-01-3
        A. 1166                             2

     1  any other aspect expected of a humane existence. Provided, however, that
     2  no further individualized education plans  shall  be  funded,  operated,
     3  licensed,  or  approved by the state or any agency or political subdivi-
     4  sion of the state, if any related program, agency, or facility connected
     5  to  such  individualized  education  program engages in any conduct that
     6  would otherwise be prohibited by this section.
     7    5. The provisions of  this  section  shall  apply  regardless  of  the
     8  location  of  the  relevant  conduct  or  the  residence of any impacted
     9  persons.
    10    § 2. Paragraph (e) of subdivision 1  of  section  488  of  the  social
    11  services law, as added by section 1 of part B of chapter 501 of the laws
    12  of 2012, is amended to read as follows:
    13    (e)  "Use  of aversive conditioning," which shall mean the application
    14  of a physical stimulus that is intended to induce pain or discomfort  in
    15  order  to  modify or change the behavior of a person [receiving services
    16  in the absence of a  person-specific  authorization  by  the  operating,
    17  licensing  or certifying state agency pursuant to governing state agency
    18  regulations]. Aversive conditioning may include but is not  limited  to,
    19  the  use  of  physical  stimuli  such  as noxious odors, noxious tastes,
    20  blindfolds, the withholding of meals and  the  provision  of  substitute
    21  foods in an unpalatable form [and], movement limitations used as punish-
    22  ment,  including  but  not  limited  to helmets and mechanical restraint
    23  devices and any procedure which causes obvious signs of  physical  pain,
    24  including but not limited to hitting, pinching and electric shock.
    25    § 3. Section 488 of the social services law is amended by adding a new
    26  subdivision 17 to read as follows:
    27    17.  "Program" shall mean any residential or non-residential public or
    28  private program that provides care, services, programs,  and/or  support
    29  to vulnerable persons.
    30    §  4.  This  act  shall take effect on the sixtieth day after it shall
    31  have become a law. Effective immediately, the addition, amendment and/or
    32  repeal of any rule or regulation necessary  for  the  implementation  of
    33  this  act  on its effective date are authorized to be made and completed
    34  on or before such date.