Bill Text: NY S00900 | 2023-2024 | 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 13-0)

Status: (Introduced) 2024-01-03 - REFERRED TO DISABILITIES [S00900 Detail]

Download: New_York-2023-S00900-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           900

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 9, 2023
                                       ___________

        Introduced  by  Sens.  BRISPORT,  CLEARE,  LIU,  RAMOS -- 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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03550-01-3
        S. 900                              2

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