NY State Senate Bill 2017-S3655B

Senate Bill S3655B

2017-2018 Legislative Session

Requires the out-of-state placement committee to develop standards, regulations and recommendations for aversive crisis intervention methods and techniques

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2018	print number 3655b
Feb 06, 2018	amend and recommit to children and families
Jan 03, 2018	referred to children and families
Jun 15, 2017	print number 3655a
Jun 15, 2017	amend (t) and recommit to finance
Mar 01, 2017	reported and committed to finance
Jan 25, 2017	referred to children and families

Votes

- Mar 1, 2017 - Children And Families Committee Vote
  S3655B
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Mar 1, 2017
      
      aye (5)
      
      Avella
      
      Helming
      
      Montgomery
      
      Persaud
      
      Savino
      
      aye wr (2)
      
      Bonacic
      
      Serino

Bill Amendments

Original

B (Active)

2017-S3655 - Details

See Assembly Version of this Bill:: A1073
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §483-d, Soc Serv L; add §13.43, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9084
2013-2014: A3820
2015-2016: S7587, A5067
2019-2020: A1368
2021-2022: A2116
2023-2024: A4842

2017-S3655 - Summary

Requires the out-of-state placement committee to develop standards, regulations and recommendations for aversive crisis intervention methods and techniques; establishes a holistic autism spectrum disorder treatment center.

2017-S3655 - Sponsor Memo

                                 BILL NUMBER:  S3655

 TITLE OF BILL :  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 facilities

 PURPOSE :

To amend the Social Services law, to prohibit public funding to
facilities providing aversive interventions, including but not limited
to electric shock therapy.

 SUMMARY OF PROVISIONS :

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
subdivision 7 is added to read as follows:

No public funding shall be used to promote aversive interventions on
children. A school or program that uses aversive interventions shall
be removed from the approved registry schools list after an agency
member turns in a written notice.

(b). Definitions

(i). 'Aversive interventions' is defined as an act to inflict pain or
distress for the purpose of eradicating certain behaviors of a child.
These include but are not limited to; the contingent application of
noxious, painful, intrusive stimuli or activities, denial or delay of
meals, movement limitation as punishment, inhalants, withholding
sleep, shelter, bedding, bathroom facilities or clothing limitations
etc.

(ii). A Child is defined as a person twenty-one years or younger.
However, a qualified member agency may specify a different age, to
conform to industry practice.

(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, and programs,
that are provided or approved directly or indirectly by or under the
jurisdiction of a member agency.

(v). 'Care', 'services', and 'service program' 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. A "school" includes a public school, BOCES,
charter school, preschool program, private school, a state-operated or
state-supported school in this state, or registered nonpublic nursery.

(vii). 'Program' means any residential or non-residential public or
private program, other than school, that provides care, services,
programs, and services to a child.

 JUSTIFICATION :

Use of aversive interventions violate a child's rights and his or her
well being. Contentious use of aversive intervention, such as electric
shock therapy, can lead to death or mental psychological injuries.

 LEGISLATIVE HISTORY :
2008: S.207 - referred to Social Services, Children and Families,
committed to Finance.

2016: S.7587 - referred to Children and Families

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect January 1, 2018, provided that, effective
immediately, member agencies of the out-of-state placement committee
are authorized and directed to promulgate any regulations necessary to
implement the provisions of this act on such effective date.

2017-S3655 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3655
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 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
 
   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:
   (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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00476-02-7

 S. 3655                             2
 
   (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. 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.
   § 3. This act shall take effect January 1, 2018; 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.

2017-S3655A - Details

See Assembly Version of this Bill:: A1073
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §483-d, Soc Serv L; add §13.43, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9084
2013-2014: A3820
2015-2016: S7587, A5067
2019-2020: A1368
2021-2022: A2116
2023-2024: A4842

2017-S3655A - Summary

2017-S3655A - Sponsor Memo

                                 BILL NUMBER:  S3655A

 TITLE OF BILL :  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 facilities; and to amend the mental hygiene law, in
relation to a holistic autism spectrum disorder treatment center

 PURPOSE :

To amend the Social Services law, to prohibit public funding to
facilities providing aversive interventions, including but not limited
to electric shock therapy, and to establish a holistic medicine
focused autism spectrum disorder treatment and research center.

 SUMMARY OF PROVISIONS :

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
subdivision 7 is added to read as follows:  No public funding shall be
used to promote aversive interventions on children. A school or
program that uses aversive interventions shall be removed from the
approved registry schools list after an agency member turns in a
written notice.

(b). Definitions

(i). 'Aversive interventions' is defined as an act to inflict pain or
distress for the purpose of eradicating certain behaviors of a child.
These include but are not limited to; the contingent application of
noxious, painful, intrusive stimuli or activities, denial or delay of
meals, movement limitation as punishment, inhalants, withholding
sleep, shelter, bedding, bathroom facilities or clothing limitations
etc.

(ii). A Child is defined as a person twenty-one years or younger.
However, a qualified member agency may specify a different age, to
conform to industry practice.

(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, and programs,
that are provided or approved directly or indirectly by or under the
jurisdiction of a member agency.

(v). 'Care', 'services', and 'service program' 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. A "school" includes a public school, BOCES,
charter school, preschool program, private school, a state-operated or
state-supported school in this state, or registered nonpublic nursery.

(vii). 'Program' means any residential or non-residential public or
private program, other than school, that provides care, services,
programs, and services to a child.

Section 2 creates a holistic autism spectrum disorder treatment center
at the Children's Hospital at SUNY Downstate Medical Center. The
proposed center will be overseen by the autism spectrum disorders
advisory board, and will focus on innovative treatments that avoid and
aversive interventions that utilize, to the extent medically feasible,
complementary and alternative medicine alternatives.
The center will also serve as a research and applied medicine center,
and will coordinate with the Board of Trustees of the State University
to enter into cooperative research agreements with other centers. The
center will also focus on finding methods to maximize enlightened care
to the special conditions of individual communities that traditionally
have not been the focus of existing treatment centers.

Section 3 provides a severability clause.

Section 4 provides for an effective date of January 1, 2018, but
authorizes participating state agencies to propose and promulgate
necessary regulations immediately.

 JUSTIFICATION :

Use of aversive interventions violate a child's rights and his or her
wellbeing. Contentious use of aversive intervention, such as electric
shock therapy, can lead to death or mental psychological injuries.

 LEGISLATIVE HISTORY:

2008: S.207 - referred to Social Services, Children and Families,
committed to Finance.
2016: S.7587 - referred to Children and Families

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect January 1, 2018, provided that, effective
immediately, member agencies of the out-of-state placement committee
are authorized and directed to promulgate any regulations necessary to
implement the provisions of this act on such effective date.

2017-S3655A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3655--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   reported  favorably from said committee and committed to the Committee
   on Finance -- 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:
   (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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00476-04-7

 S. 3655--A                          2
 
   (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) 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 483-D OF THE SOCIAL SERVICES LAW, AND  THAT

 S. 3655--A                          3
 
 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, 2018; 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.

co-Sponsors

2017-S3655B (ACTIVE) - Details

See Assembly Version of this Bill:: A1073
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §483-d, Soc Serv L; add §13.43, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9084
2013-2014: A3820
2015-2016: S7587, A5067
2019-2020: A1368
2021-2022: A2116
2023-2024: A4842

2017-S3655B (ACTIVE) - Summary

2017-S3655B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3655B

SPONSOR: GOLDEN
 
TITLE OF BILL:  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 resi-
dential facilities; and to amend the mental hygiene law, in relation to
a holistic autism spectrum disorder treatment center

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the Social Services law, to prohibit public funding to facili-
ties providing aversive interventions, including but not limited to
electric shock therapy, and to establish a holistic medicine focused
autism spectrum disorder treatment and research center.

 
SUMMARY OF PROVISIONS:

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: No public funding shall be used to

promote aversive interventions on children. A school or program that
uses aversive interventions shall be removed from the approved registry
schools list after an agency member turns in a written notice.

(b). Definitions

(i). 'Aversive interventions' is defined as an act to inflict pain or
distress for the purpose of eradicating certain behaviors of a child.
These include but are not limited to; the contingent application of
noxious, painful, intrusive stimuli or activities, denial or delay of
meals, movement limitation as punishment, inhalants, withholding sleep,
shelter, bedding, bathroom facilities or clothing limitations etc.

(ii). A Child is defined as a person twenty-one years or younger.
However, a qualified member agency may specify a different age, to
conform to industry practice.

(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, and programs,
that are provided or approved directly or indirectly by or under the
jurisdiction of a member agency.

(v). 'Care', 'services', and 'service program' have the same meanings as
in subdivision one of section four hundred eighty-three--b of this arti-
cle.

(vi). 'School' means any residential or non-residential public or
private school located within or outside the state that provides
instruction to a child. A "school" includes a public school, BOCES,
charter school, preschool program, private school, a state-operated or
state-supported school in this state, or registered nonpublic nursery.

(vii). 'Program' means any residential or non-residential public or
private program, other than school, that provides care, services,
programs, and services to a child.

Section 2 creates a holistic autism spectrum disorder treatment center
at the Children's Hospital at SUNY Downstate Medical Center. The
proposed center will be overseen by the autism spectrum disorders advi-
sory board, and will focus on innovative treatments that avoid and aver-
sive interventions that utilize, to the extent medically feasible,
complementary and alternative medicine alternatives.

The center will also serve as a research and applied medicine center,
and will coordinate with the Board of Trustees of the State University
to enter into cooperative research agreements with other centers. The
center will also focus on finding methods to maximize enlightened care
to the special conditions of individual communities that traditionally
have not been the focus of existing treatment centers.

Section 3 provides a severability clause.

Section 4 provides for an effective date of January 1, 2019, but author-
izes participating state agencies to propose and promulgate necessary
regulations immediately.

 
JUSTIFICATION:

Use of aversive interventions violate a child's rights and his or her
wellbeing. Contentious use of aversive intervention, such as electric
shock therapy, can lead to death or mental psychological injuries.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.3655A - Reported and Committed to Finance
2017: S.3655A - Referred to Children and Families
2016: S.7587 - Referred to Children and Families
2008: S.207 - Committed to Finance
2008: S.207 - Referred to Social Services, Children and Families

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2019, provided that, effective
immediately, member agencies of the out-of-state placement committee are
authorized and directed to promulgate any regulations necessary to
implement the provisions of this act on such effective date.

2017-S3655B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3655--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   reported  favorably from said committee and committed to the Committee
   on Finance -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee  on  Children and Families in accordance with Senate Rule 6,
   sec. 8 -- 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:
   (1)  CONTINGENT  APPLICATION OF NOXIOUS, PAINFUL, INTRUSIVE STIMULI OR
 ACTIVITIES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00476-06-8

 S. 3655--B                          2
 
   (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) THERE IS HEREBY ESTABLISHED WITHIN THE CHILDREN'S HOSPITAL AT SUNY
 DOWNSTATE  MEDICAL  CENTER A HOLISTIC AUTISM SPECTRUM DISORDER TREATMENT

 S. 3655--B                          3
 
 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.

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