HOUSE DOCKET, NO. 4773        FILED ON: 1/31/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4956

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

William C. Galvin

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act requiring licensure for use of graduated electronic decelerators.

_______________

PETITION OF:

HOUSE DOCKET, NO. 4773        FILED ON: 1/31/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4956

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

An Act requiring licensure for use of graduated electronic decelerators.

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

Chapter 111 of the General Laws is hereby amended by adding the following section:-

Section 244. (a) As used in this section, the term “graduated electronic decelerator” shall mean a device that applies a noxious electrical stimulus or electric shock to the skin of a person with a disability to alter behavior.

(b) The department shall promulgate rules and regulations for the training, certification and licensing of individuals to administer or cause to be administered a procedure using a graduated electronic decelerator. The regulations shall require a comprehensive training program that includes, but is not limited to: (i) appropriate and necessary use; (ii) prohibited uses; (iii) alternatives to use, including de-escalation strategies, positive reinforcement, non-aversive measures and less intrusive procedures; (iv) safe administration, including ways to minimize pain and injury; (v) health and safety risks of use and misuse; (vi) signs of abuse; (vii) evidence of trauma; (viii) requirements for approval and supervision of use; (ix) penalties for unauthorized use or misuse; (x) policies and procedures for reporting of unauthorized use or misuse; and (xi) an examination approved by the department testing the applicant’s professional skills, judgment and fitness to administer or cause to be used a graduated electronic decelerator.

(c) No person shall administer, cause to be administered or supervise a person who administers a procedure using a graduated electronic decelerator without a license. No person with a license shall misuse, cause a graduated electronic decelerator to be misused or supervise a person who misuses a graduated electronic decelerator.

(d) No entity operating within the commonwealth shall permit an individual without a license granted pursuant to this section to administer or cause to be administered a procedure using a graduated electronic decelerator. No entity operating within the commonwealth shall permit an individual with a license granted pursuant to this section to misuse or cause a graduated electronic decelerator to be misused.

(e) A violation of this section shall be punishable of a fine not to exceed $500.