The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10289
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Epstein,
   Quart) -- read once and referred to  the  Committee  on  Children  and
   Families
 
 AN  ACT to amend the social services law, in relation to prohibiting the
   use of aversive conditioning and other certain punishments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new section
 498 to read as follows:
   § 498. AVERSIVE CONDITIONING. NOTWITHSTANDING ANY PROVISION OF LAW  TO
 THE CONTRARY:
   1.  NO PROGRAM, AGENCY OR FACILITY THAT IS FUNDED, OPERATED, LICENSED,
 OR APPROVED BY THE STATE OR AN AGENCY OR POLITICAL  SUBDIVISION  OF  THE
 STATE  SHALL  ADMINISTER  OR  CAUSE  TO  BE ADMINISTERED TO A VULNERABLE
 PERSON ANY PROCEDURE WHICH USES AVERSIVE CONDITIONING.
   2. NO PROGRAM, AGENCY OR FACILITY THAT IS FUNDED, OPERATED,  LICENSED,
 OR  APPROVED BY THE STATE OR AN AGENCY OR POLITICAL SUBDIVISION  OF  THE
 STATE SHALL USE ANY FORM OF  PHYSICAL  CONTACT  OR  PUNISHMENT  THAT  IS
 OTHERWISE  PROHIBITED BY LAW, OR WOULD BE PROHIBITED IF USED ON A PERSON
 WHO IS NOT VULNERABLE.
   3. NO PROGRAM, AGENCY OR FACILITY THAT IS FUNDED, OPERATED,  LICENSED,
 OR  APPROVED  BY  THE STATE OR AN AGENCY OR POLITICAL SUBDIVISION OF THE
 STATE SHALL USE ANY PROCEDURE OR PUNISHMENT  THAT  DENIES  A  VULNERABLE
 PERSON  REASONABLE  SLEEP, SHELTER, BEDDING, BATHROOM FACILITIES AND ANY
 OTHER ASPECT EXPECTED OF A HUMANE EXISTENCE.
   4. ANY STUDENT WITH AN INDIVIDUALIZED EDUCATION PROGRAM THAT IS EFFEC-
 TIVE AS OF THE EFFECTIVE DATE OF THIS  SECTION  SHALL  BE  PERMITTED  TO
 COMPLETE  SUCH  PROGRAM, PROVIDED THAT SUCH STUDENT IS NOT SUBJECTED TO:
 AVERSIVE CONDITIONING; PHYSICAL CONTACT OR PUNISHMENT THAT IS  OTHERWISE
 PROHIBITED BY LAW, OR WOULD BE PROHIBITED IF USED ON A PERSON WHO IS NOT
 VULNERABLE;  OR  ANY OTHER PROCEDURE OR PUNISHMENT THAT DENIES A VULNER-
 ABLE PERSON REASONABLE SLEEP, SHELTER, BEDDING, BATHROOM FACILITIES  AND
 ANY OTHER ASPECT EXPECTED OF A HUMANE EXISTENCE. PROVIDED, HOWEVER, THAT
 NO  FURTHER  INDIVIDUALIZED  EDUCATION  PLANS SHALL BE FUNDED, OPERATED,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11963-02-2
 A. 10289                            2
 
 LICENSED, OR APPROVED BY THE STATE OR ANY AGENCY OR  POLITICAL  SUBDIVI-
 SION OF THE STATE, IF ANY RELATED PROGRAM, AGENCY, OR FACILITY CONNECTED
 TO  SUCH  INDIVIDUALIZED  EDUCATION  PROGRAM ENGAGES IN ANY CONDUCT THAT
 WOULD OTHERWISE BE PROHIBITED BY THIS SECTION.
   5.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  APPLY REGARDLESS OF THE
 LOCATION OF THE RELEVANT  CONDUCT  OR  THE  RESIDENCE  OF  ANY  IMPACTED
 PERSONS.
   §  2.  Paragraph  (e)  of  subdivision  1 of section 488 of the social
 services law, as added by section 1 of part B of chapter 501 of the laws
 of 2012, is amended to read as follows:
   (e) "Use of aversive conditioning," which shall mean  the  application
 of  a physical stimulus that is intended to induce pain or discomfort in
 order to modify or change the behavior of a person  [receiving  services
 in  the  absence  of  a  person-specific authorization by the operating,
 licensing or certifying state agency pursuant to governing state  agency
 regulations].  Aversive  conditioning may include but is not limited to,
 the use of physical stimuli  such  as  noxious  odors,  noxious  tastes,
 blindfolds,  the  withholding  of  meals and the provision of substitute
 foods in an unpalatable form [and], movement limitations used as punish-
 ment, including but not limited  to  helmets  and  mechanical  restraint
 devices  AND  ANY PROCEDURE WHICH CAUSES OBVIOUS SIGNS OF PHYSICAL PAIN,
 INCLUDING BUT NOT LIMITED TO HITTING, PINCHING AND ELECTRIC SHOCK.
   § 3. Section 488 of the social services law is amended by adding a new
 subdivision 17 to read as follows:
   17. "PROGRAM" SHALL MEAN ANY RESIDENTIAL OR NON-RESIDENTIAL PUBLIC  OR
 PRIVATE  PROGRAM  THAT PROVIDES CARE, SERVICES, PROGRAMS, AND/OR SUPPORT
 TO VULNERABLE PERSONS.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  on  or  before
 such date.