HOUSE DOCKET, NO. 2281        FILED ON: 1/14/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 182

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act creating a special commission on behavior modification..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.   There shall be a special commission to investigate and make legislative recommendations on the adequacy and effectiveness of laws and regulations governing the use of behavior modification techniques, including aversive procedures and the principles of applied behavior analysis across all public or private agencies in the commonwealth receiving public funding or subsidy through the commonwealth, any of its political subdivisions, or another state or political subdivision, thereof.

SECTION 2.  The investigation shall include, but not be limited to, the scope of techniques permissible under current statutes and regulations, the existent classification system of behavioral interventions, the format and content of behavioral plans, the policies and procedures governing the development, review, approval, implementation and monitoring of aversive interventions, and the adequacy of procedural safeguards to ensure the health, safety, privacy, dignity and human rights of individuals with behavior plans in place. 

SECTION 3.  The commission shall also review and evaluate the status and appropriateness of a sample of current behavioral plans within state agencies as well as contracted providers.

SECTION 4.  The commission shall develop and recommend a unified set of standards regarding the use of behavior modification procedures in all agencies and programs licensed, funded and/or regulated by the Commonwealth.  These standards shall include, the minimum qualifications for staff who are involved in the development and direct implementation of aversive procedures and the review and monitoring requirements for such interventions. 

SECTION 5.  The commission shall consist of the Governor or designee, the Senate President or designee, the Speaker of the House or designee, the Senate and House Chairs of the Joint Committee on Children and Families, the Chief Justice of the Probate and Family Court or designee, the Commissioner of the Department of Developmental Services or designee, the Commissioner of the Department of Mental Health or designee, the Commissioner of the Department of Early Education and Care or designee, the Commissioner of the Department of Elementary and Secondary Education or designee, the Commissioner of the Department of Children and Families or designee, the Commissioner of the Department of Youth Services or designee, the Executive Director of the Disabled Persons Protection Commission, or designee, the Chairman of the Governor’s Commission on Mental Retardation or designee, the Executive Director of the Massachusetts Psychological Association or designee, and a Licensed Applied Behavior Analyst or Certified Behavior Analyst to be appointed by the governor.  The governor will also appoint Commission at least one disability advocate and one service provider whose agency conducts behavioral intervention programming.

SECTION 6.  The commission may hold public hearings and site visits to assist in the collection and evaluation of data and testimony from providers, family members, and the general public.

SECTION 7.  The special commission shall be appointed no later July 1, 2009 and shall file a report of the results of its investigation and recommendations with the clerks of the senate and house of representatives on or before January 1, 2010.