Budget Amendment ID: FY2013-S4-548

EHS 548

Regulating Treatment of Disabled Persons

Messrs. Joyce, Brownsberger and Eldridge and Ms. Jehlen and Mr. Rosenberg and Ms. Clark and Messrs. Donnelly, Michael O. Moore and McGee moved that the proposed new text be amended by inserting at the end thereof the following section:-

“Section __.  Chapter 19B of the General Laws is hereby amended by adding the following section:-

Section 19B. (a) For the purpose of this section, “person with a disability” shall mean a person with a permanent or long-term physical or mental impairment that prevents or restricts such individual’s ability to provide for such individual’s own care or protection.

(b)  No program, agency or facility funded, operated, licensed or approved by the commonwealth or any subdivision thereof shall administer to a person with a disability any procedure which causes obvious signs of physical pain, including, but not limited to, hitting, pinching or electric shock for the purposes of changing the behavior of such person. No such program shall employ any form of physical contact or punishment on a person with a disability that is otherwise prohibited by law or would be prohibited if used on a person who does not have a disability. No such program shall employ any procedure which denies a person with a disability adequate sleep, food, shelter, bedding or bathroom facilities.”