Budget Amendment ID: FY2012-S3-472.1-R1

Redraft Further EHS 472.1

Further Regulating Treatment of Disabled Persons

Mr. Joyce moved that the amendment be amended <w:p><w:r><w:t xml:space="preserve">that the amendment be amended (No. 472 by Mr. Hart) by striking the amendment in its entirety and inserting in place thereof the following:“

after Section 130, the following section:-

"SECTION 130A. Notwithstanding any general or special law or rule or regulation to the contrary, the department of developmental services shall review 115 CMR 5:14 governing behavior modification and adopt amendment thereto, pursuant to its authority under section 2 of chapter 123B.  The new regulation shall include,  but not be limited to, prohibiting the use of  Level III Aversive Interventions, as defined by the 115 CMR 5:14(3); provided, however, that the department may grant a 1-year, individual-specific exemption to an individual who, as of September 1, 2011, is subject to a pre-existing court-approved treatment plan which includes the use of  Level III Aversive Interventions to reduce or modify behavior; provided further, that such exception may not be renewed if such individual is no longer subject to a court-approved treatment plan or if such individual’s court-approved treatment plan no longer authorizes the use of Level III Aversive Interventions.”