S T A T E O F N E W Y O R K
________________________________________________________________________
6683
2025-2026 Regular Sessions
I N A S S E M B L Y
March 7, 2025
___________
Introduced by M. of A. EPSTEIN, BORES, REYES, GONZALEZ-ROJAS, RAGA,
SIMONE, BURDICK, FORREST, McMAHON, DINOWITZ, MITAYNES, SHRESTHA, CHAN-
DLER-WATERMAN, ANDERSON, WEPRIN, LUPARDO -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01508-01-5
A. 6683 2
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,
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 and completed
on or before such date.