S T A T E O F N E W Y O R K
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1073--C
2017-2018 Regular Sessions
I N A S S E M B L Y
January 10, 2017
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Introduced by M. of A. SIMON, PICHARDO, GOTTFRIED, BLAKE, SEPULVEDA,
HARRIS, D'URSO -- Multi-Sponsored by -- M. of A. MAGEE, MOSLEY, PERRY,
SKARTADOS -- read once and referred to the Committee on Children and
Families -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee -- recommitted to the Committee on Children and
Families in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the social services law, in relation to the development
of standards for the use of aversive interventions for children in
public and private schools and programs, including residential facili-
ties; and to amend the mental hygiene law, in relation to a holistic
autism spectrum disorder treatment center
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 7, 8 and 9 of section 483-d of the social
services law are renumbered subdivisions 8, 9 and 10 and a new subdivi-
sion 7 is added to read as follows:
7. AVERSIVE INTERVENTIONS. (A) NO PUBLIC FUNDING SHALL SUPPORT PLACE-
MENT OF A CHILD IN ANY PROGRAM OR SCHOOL THAT ENGAGES IN THE USE OF
AVERSIVE INTERVENTIONS ON CHILDREN IN VIOLATION OF THIS SUBDIVISION. A
SCHOOL OR PROGRAM USING AVERSIVE INTERVENTIONS IN VIOLATION OF THIS
SUBDIVISION SHALL BE REMOVED FROM ANY REGISTRY OF APPROVED SCHOOLS OR
PROGRAMS AFTER WRITTEN NOTICE BY THE MEMBER AGENCY.
(B) DEFINITIONS. AS USED IN THIS SUBDIVISION:
(I) "AVERSIVE INTERVENTIONS" MEANS AN INTERVENTION KNOWN OR INTENDED
TO INDUCE PAIN OR DISCOMFORT FOR THE PURPOSE OF ELIMINATING OR REDUCING
MALADAPTIVE BEHAVIORS, AND INCLUDE BUT ARE NOT LIMITED TO:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00476-07-8
A. 1073--C 2
(1) CONTINGENT APPLICATION OF NOXIOUS, PAINFUL, INTRUSIVE STIMULI OR
ACTIVITIES;
(2) ANY FORM OF NOXIOUS, PAINFUL, OR INTRUSIVE TASTE, SPRAY, OR INHA-
LANT;
(3) WITHHOLDING SLEEP, SHELTER, BEDDING, BATHROOM FACILITIES OR CLOTH-
ING;
(4) CONTINGENT FOOD PROGRAMS THAT INCLUDE DENIAL OR DELAY OF MEALS OR
INTENTIONALLY ALTERING STAPLE FOOD OR DRINK IN ORDER TO MAKE IT
DISTASTEFUL;
(5) MOVEMENT LIMITATION USED AS A PUNISHMENT, INCLUDING BUT NOT LIMIT-
ED TO USE OF HELMETS AND MECHANICAL RESTRAINT DEVICES;
(6) ELECTRIC SHOCK THERAPY; AND
(7) OTHER SIMILAR STIMULI, TREATMENTS, INTERVENTIONS, OR ACTIONS.
THE FOREGOING TO THE CONTRARY NOTWITHSTANDING, AVERSIVE INTERVENTIONS
DO NOT INCLUDE INTERVENTIONS SUCH AS VOICE CONTROL, LIMITED TO LOUD,
FIRM COMMANDS; TIME-LIMITED IGNORING OF A SPECIFIC BEHAVIOR; TOKEN FINES
AS PART OF A TOKEN ECONOMY SYSTEM; BRIEF PHYSICAL PROMPTS TO INTERRUPT
OR PREVENT A SPECIFIC BEHAVIOR; INTERVENTIONS MEDICALLY NECESSARY FOR
THE TREATMENT OR PROTECTION OF THE STUDENT; OR OTHER SIMILAR INTER-
VENTIONS.
(II) "CHILD" MEANS AN INDIVIDUAL WHO IS TWENTY-ONE YEARS OF AGE OR
LESS, PROVIDED THAT A MEMBER AGENCY MAY UTILIZE AN ALTERNATIVE DEFI-
NITION OF A CHILD, INCLUDING SPECIFYING A DIFFERENT AGE, FOR PURPOSES OF
COMPLIANCE WITH THIS SUBDIVISION, SO LONG AS SUCH DEFINITION IS STANDARD
AND APPROPRIATE TO ITS PLACEMENT PROCEDURES.
(III) "MEMBER AGENCY" MEANS A STATE AGENCY THAT IS A MEMBER OF THE
OUT-OF-STATE PLACEMENT COMMITTEE.
(IV) "PUBLIC FUNDING" MEANS FUNDING FOR CARE, SERVICES, PROGRAMS, AND
SERVICES PROGRAMS WHICH ARE PROVIDED OR APPROVED DIRECTLY OR INDIRECTLY
BY OR UNDER THE JURISDICTION OF A MEMBER AGENCY, EXCLUSIVE OF FUNDING
FOR WHICH FEDERAL REQUIREMENTS OR DIRECTIVES OVERRIDE, SUPERSEDE, OR
REQUIRE APPROVAL IN A MANNER CONTRARY TO THE REQUIREMENTS OF THIS SUBDI-
VISION, OR FOR WHICH, IN THE JUDGMENT OF THE MEMBER AGENCY, COMPLIANCE
WITH THIS SUBDIVISION WOULD VIOLATE FEDERAL LAW OR REGULATIONS.
(V) THE TERMS "CARE," "SERVICES," AND "SERVICES PROGRAMS" HAVE THE
SAME MEANINGS AS IN SUBDIVISION ONE OF SECTION FOUR HUNDRED EIGHTY-
THREE-B OF THIS ARTICLE.
(VI) "SCHOOL" MEANS ANY RESIDENTIAL OR NON-RESIDENTIAL PUBLIC OR
PRIVATE SCHOOL LOCATED WITHIN OR OUTSIDE THE STATE THAT PROVIDES
INSTRUCTION TO A CHILD AND THAT: (A) IS SUBJECT TO OVERSIGHT,
INSPECTION, REGULATION, APPROVAL OR LICENSURE OR CERTIFICATION BY ANY
MEMBER AGENCY; OR (B) RECEIVES PUBLIC FUNDING, INCLUDING FUNDING FOR THE
PLACEMENT OF ANY CHILD IN SUCH SCHOOL. SCHOOL AS USED HEREIN INCLUDES A
PUBLIC SCHOOL, BOCES, CHARTER SCHOOL, PRESCHOOL PROGRAM, PRIVATE SCHOOL,
STATE-OPERATED OR STATE-SUPPORTED SCHOOL IN THIS STATE, APPROVED OUT-OF-
STATE DAY OR RESIDENTIAL SCHOOL, OR REGISTERED NONPUBLIC NURSERY,
KINDERGARTEN, ELEMENTARY OR SECONDARY SCHOOL IN THIS STATE.
(VII) "PROGRAM" MEANS ANY RESIDENTIAL OR NON-RESIDENTIAL PUBLIC OR
PRIVATE PROGRAM, OTHER THAN A SCHOOL, THAT PROVIDES CARE, SERVICES,
PROGRAMS, AND SERVICES PROGRAMS TO A CHILD AND THAT: (A) IS SUBJECT TO
OVERSIGHT, INSPECTION, REGULATION, APPROVAL OR LICENSURE OR CERTIF-
ICATION BY ANY MEMBER AGENCY; OR (B) RECEIVES PUBLIC FUNDING, INCLUDING
FUNDING FOR THE PLACEMENT OF ANY CHILD IN SUCH SCHOOL.
§ 2. The mental hygiene law is amended by adding a new section 13.43
to read as follows:
§ 13.43 HOLISTIC AUTISM SPECTRUM DISORDER TREATMENT CENTER.
A. 1073--C 3
(A) THERE IS HEREBY ESTABLISHED WITHIN THE CHILDREN'S HOSPITAL AT SUNY
DOWNSTATE MEDICAL CENTER A HOLISTIC AUTISM SPECTRUM DISORDER TREATMENT
CENTER. THE CENTER SHALL FOCUS ON INNOVATIVE AND DEMONSTRABLY EFFECTIVE
TREATMENTS THAT AVOID ANY OF THE AVERSIVE INTERVENTIONS AS DESCRIBED IN
SUBDIVISION SEVEN OF SECTION FOUR HUNDRED EIGHTY-THREE-D OF THE SOCIAL
SERVICES LAW, AND THAT ATTEMPT, TO THE EXTENT FEASIBLE, TO MINIMIZE THE
USE OF PRESCRIPTION DRUGS AND FOCUS ON COMPLEMENTARY AND ALTERNATIVE
MEDICINE.
(B) THE CENTER SHALL ALSO ATTEMPT TO INTEGRATE HOLISTIC TREATMENT
TECHNIQUES INTO EXISTING COMMUNITIES WITH SPECIAL EMPHASIS ON PROVIDING
ACCESS TO AFFORDABLE HOLISTIC CARE AND TREATMENT, ORGANIC AND NATURAL
FOOD REGIMENS, FAMILY RESPITE OPPORTUNITIES, VIOLENCE PREVENTION BEST
PRACTICES, AND EDUCATIONAL COURSE COORDINATION.
(C) THE HOLISTIC AUTISM SPECTRUM DISORDER TREATMENT CENTER SHALL SERVE
AS THE APPLIED MEDICINE FOCUS OF THE AUTISM SPECTRUM DISORDERS ADVISORY
BOARD AS ESTABLISHED IN SECTION 13.42 OF THIS ARTICLE.
(D) THE AUTISM SPECTRUM DISORDERS ADVISORY BOARD SHALL, WITHIN ONE
YEAR OF THE EFFECTIVE DATE OF THIS SECTION, RECOMMEND TO THE CHAIRS OF
THE SENATE AND ASSEMBLY HEALTH COMMITTEES A MINIMUM BUDGET AND FUNDING
FOR THE HOLISTIC SPECTRUM DISORDER TREATMENT CENTER AND OVERSEE A
SELECTION SEARCH FOR A CHAIR OF THE CENTER.
(E) THE CENTER SHALL ALSO SERVE AS A DESIGNATED CENTER OF EXCELLENCE
FOR RESEARCH INTO HOLISTIC THERAPIES FOR THE TREATMENT OF THE ARRAY OF
AUTISM SPECTRUM DISORDERS.
(F) IN ORDER TO TAP FULLY THE BENEFITS TO THE PEOPLE OF NEW YORK STATE
THE HOLISTIC AUTISM SPECTRUM DISORDER TREATMENT CENTER WILL REQUIRE
AFFILIATION WITH AND COOPERATION AMONG ALL MAJOR CENTERS OF HIGHER
LEARNING, INCLUDING MEDICAL COLLEGES, AND EXISTING LIFE SCIENCE RESEARCH
INSTITUTES IN THE STATE. THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY
IS ENCOURAGED TO ENTER INTO APPROPRIATE LEGAL AGREEMENTS TO ENABLE THIS
COOPERATION TO PROSPER.
§ 3. Severability. If any portion of this act or the application ther-
eof to any person or circumstances shall be adjudged invalid by a court
of competent jurisdiction, such order or judgment shall be confined in
its operation to the controversy in which it was rendered, and shall not
affect or invalidate the remainder of any provision of this act or the
application of any part thereof to any other person or circumstances and
to this end each of the provisions of this act are hereby declared to be
separable.
§ 4. This act shall take effect January 1, 2019; provided that, effec-
tive immediately, member agencies of the out-of-state placement commit-
tee are authorized and directed to promulgate any regulations necessary
to implement the provisions of this act on such effective date.