Budget Amendment ID: FY2013-S4-555

EHS 555

Aversive Therapy Regulation Codification

Messrs. Joyce, Brownsberger and Eldridge and Ms. Jehlen and Mr. Rosenberg and Ms. Clark moved that the proposed new text be amended by inserting after section 51 the following section:-

“SECTION 51A. Chapter 19B of the General Laws is hereby amended by adding the following section:-

Section 19.  No program which is operated, funded or licensed by the department of developmental services shall employ the use of Level III Aversive Interventions to reduce or eliminate maladaptive behaviors; provided, however, that individual-specific exceptions allowing the use of Level III Aversive Interventions to reduce or modify behavior may be granted to individuals who, as of September 1, 2011, have an existing court-approved treatment plan which includes the use of Level III Aversive Interventions.  Such exception may be granted each year if the exception is contained in an individual’s behavior treatment plan, approved by the court prior to September 1, 2011.  Any Level III Aversive Interventions administered under this section shall comply with 115 CMR 5.14 (4)(b)4.”