New York A 6683: Prohibits the use of aversive conditioning and other certain punishments

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A06683 Summary:

BILL NOA06683 

&nbsp

SAME ASSAME AS S00937

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SPONSOREpstein

&nbsp

COSPNSRBores, Reyes, Gonzalez-Rojas, Raga, Simone, Burdick, Forrest, McMahon, Dinowitz, Mitaynes,
 Shrestha, Chandler-Waterman, Anderson, Weprin, Lupardo

&nbsp

MLTSPNSR

&nbsp

Add §498, amd §488, Soc Serv L

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Prohibits the use of aversive conditioning which includes any procedure which causes obvious signs of physical pain, including but not limited to hitting, pinching and electric shock; prohibits the use of any procedure or punishment which denies a vulnerable person reasonable sleep, shelter, bedding, bathroom facilities and any other aspect expected of a humane existence; defines terms.

Go to top A06683 Actions:

BILL NOA06683 

&nbsp

03/07/2025referred to children and families

12/08/2025enacting clause stricken

Go to topA06683 Committee&nbspVotes:

Go to topA06683 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA06683 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6683

 2025-2026 Regular Sessions

 IN ASSEMBLY

 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:

 1 Section 1. The social services law is amended by adding a new section
 2 498 to read as follows:
 3 § 498. Aversive conditioning. Notwithstanding any provision of law to
 4 the contrary:
 5 1. No program, agency or facility that is funded, operated, licensed,
 6 or approved by the state or an agency or political subdivision of the
 7 state shall administer or cause to be administered to a vulnerable
 8 person any procedure which uses aversive conditioning.
 9 2. No program, agency or facility that is funded, operated, licensed,
 10 or approved by the state or an agency or political subdivision of the
 11 state shall use any form of physical contact or punishment that is
 12 otherwise prohibited by law, or would be prohibited if used on a person
 13 who is not vulnerable.
 14 3. No program, agency or facility that is funded, operated, licensed,
 15 or approved by the state or an agency or political subdivision of the
 16 state shall use any procedure or punishment that denies a vulnerable
 17 person reasonable sleep, shelter, bedding, bathroom facilities and any
 18 other aspect expected of a humane existence.
 19 4. Any student with an individualized education program that is effec-
 20 tive as of the effective date of this section shall be permitted to
 21 complete such program, provided that such student is not subjected to:
 22 aversive conditioning; physical contact or punishment that is otherwise
 23 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

 1 vulnerable; or any other procedure or punishment that denies a vulner-
 2 able person reasonable sleep, shelter, bedding, bathroom facilities and
 3 any other aspect expected of a humane existence. Provided, however, that
 4 no further individualized education plans shall be funded, operated,
 5 licensed, or approved by the state or any agency or political subdivi-
 6 sion of the state, if any related program, agency, or facility connected
 7 to such individualized education program engages in any conduct that
 8 would otherwise be prohibited by this section.
 9 5. The provisions of this section shall apply regardless of the
 10 location of the relevant conduct or the residence of any impacted
 11 persons.
 12 § 2. Paragraph (e) of subdivision 1 of section 488 of the social
 13 services law, as added by section 1 of part B of chapter 501 of the laws
 14 of 2012, is amended to read as follows:
 15 (e) "Use of aversive conditioning," which shall mean the application
 16 of a physica