S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1368
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A.  SIMON, PICHARDO, D'URSO, GOTTFRIED, BLAKE --
   Multi-Sponsored by -- M. of A. MOSLEY, PERRY -- read once and referred
   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; 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.
                                                            LBD01748-01-9

              

 A. 1368                             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  13.44
 to read as follows:
 § 13.44 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 FOUR HUNDRED EIGHTY-THREE-D OF  THE  SOCIAL
 SERVICES  LAW, AND THAT ATTEMPT, TO THE EXTENT FEASIBLE, TO MINIMIZE THE

 A. 1368                             3
 
 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, 2020; 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.