Bill Text: NY S08935 | 2021-2022 | General Assembly | Introduced

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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 4-0)

Status: (Introduced - Dead) 2022-06-03 - COMMITTED TO RULES [S08935 Detail]

Download: New_York-2021-S08935-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8935

                    IN SENATE

                                     April 29, 2022
                                       ___________

        Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
          printed to be committed to the Committee on Disabilities

        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
    26  any other aspect expected of a humane existence. Provided, however, that
    27  no further individualized education plans  shall  be  funded,  operated,
    28  licensed,  or  approved by the state or any agency or political subdivi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11963-02-2
        S. 8935                             2

     1  sion of the state, if any related program, agency, or facility connected
     2  to such individualized education program engages  in  any  conduct  that
     3  would otherwise be prohibited by this section.
     4    5.  The  provisions  of  this  section  shall  apply regardless of the
     5  location of the relevant  conduct  or  the  residence  of  any  impacted
     6  persons.
     7    §  2.  Paragraph  (e)  of  subdivision  1 of section 488 of the social
     8  services law, as added by section 1 of part B of chapter 501 of the laws
     9  of 2012, is amended to read as follows:
    10    (e) "Use of aversive conditioning," which shall mean  the  application
    11  of  a physical stimulus that is intended to induce pain or discomfort in
    12  order to modify or change the behavior of a person  [receiving  services
    13  in  the  absence  of  a  person-specific authorization by the operating,
    14  licensing or certifying state agency pursuant to governing state  agency
    15  regulations].  Aversive  conditioning may include but is not limited to,
    16  the use of physical stimuli  such  as  noxious  odors,  noxious  tastes,
    17  blindfolds,  the  withholding  of  meals and the provision of substitute
    18  foods in an unpalatable form [and], movement limitations used as punish-
    19  ment, including but not limited  to  helmets  and  mechanical  restraint
    20  devices  and  any procedure which causes obvious signs of physical pain,
    21  including but not limited to hitting, pinching and electric shock.
    22    § 3. Section 488 of the social services law is amended by adding a new
    23  subdivision 17 to read as follows:
    24    17. "Program" shall mean any residential or non-residential public  or
    25  private  program  that provides care, services, programs, and/or support
    26  to vulnerable persons.
    27    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    28  have become a law. Effective immediately, the addition, amendment and/or
    29  repeal  of  any  rule  or regulation necessary for the implementation of
    30  this act on its effective date are authorized to be made  on  or  before
    31  such date.