H.180 An Act Regarding the Use of Aversive Therapy – 2023
SECTION 1. Section 16 of Chapter 6A of the General Laws, as appearing in the 2010 official edition, is hereby amended by inserting the following text:-
No program, agency, or facility funded, operated, licensed, or approved by any agency or subdivision of the Commonwealth shall administer or cause to be administered to any person with a physical, intellectual, or developmental disability any procedure which causes obvious signs of physical pain, including, but not limited to, hitting, pinching, and electric shock for the purposes of changing the behavior of the person.
No such program may employ any form of physical contact or punishment that is otherwise prohibited by law, or would be prohibited if used on a non-disabled person.
No such program may employ any procedure which denies a person with a physical, intellectual, or developmental disability reasonable sleep, food, shelter, bedding, bathroom facilities, and any other aspect expected of a humane existence in the Commonwealth.
This legislation amends Section 16 of Chapter 6A of the General Laws, and prohibits any program, agency, or facility funded or operated by the Commonwealth from administering procedures that cause physical pain, such as hitting, pinching, or electric shock, for the purpose of changing the behavior of a person with a physical, intellectual, or developmental disability. The legislation also prohibits the use of physical contact or punishment that is otherwise prohibited by law or would be prohibited if used on a non-disabled person, and prohibits any procedure that denies a person with a disability reasonable sleep, food, shelter, bedding, bathroom facilities, and any other aspect of a humane existence in the Commonwealth.
By prohibiting the use of these techniques and ensuring that individuals with disabilities are treated with dignity and respect, this legislation promotes the adoption of humane and evidence-based treatment approaches that prioritize the health and well-being of the person.
Furthermore, the legislation extends its protection to the elderly in congregate care settings, preventing institutional abuse and emphasizing the importance of a safe and compassionate environment for all vulnerable individuals, regardless of age or disability.
Overall, the minimum standards outlined in this legislation reflect the importance of promoting ethical and humane treatment approaches for individuals with disabilities, and the need to uphold fundamental principles of human rights and dignity.
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