New York A 2225: Prohibits public funding to facilities using aversive interventions

Bill Text

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A02225 Summary:

BILL NOA02225 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSimon

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §483-d, Soc Serv L; add §13.44, Ment Hyg L

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Prohibits public funding to facilities or programs using aversive interventions on children; establishes a holistic autism spectrum disorder treatment center.

Go to top A02225 Actions:

BILL NOA02225 

&nbsp

01/15/2025referred to children and families

01/07/2026referred to children and families

Go to topA02225 Committee&nbspVotes:

Go to topA02225 Floor&nbspVotes:

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

Go to topA02225 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2225

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 15, 2025
 ___________

 Introduced by M. of A. SIMON -- read once and referred to the Committee
 on Children and Families

 AN ACT to amend the social services law, in relation to prohibiting
 public funding to facilities using aversive interventions; and to
 amend the mental hygiene law, in relation to establishing 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:

 1 Section 1. Subdivisions 7, 8 and 9 of section 483-d of the social
 2 services law are renumbered subdivisions 8, 9 and 10 and a new subdivi-
 3 sion 7 is added to read as follows:
 4 7. Aversive interventions. (a) No public funding shall support place-
 5 ment of a child in any program or school that engages in the use of
 6 aversive interventions on children in violation of this subdivision. A
 7 school or program using aversive interventions in violation of this
 8 subdivision shall be removed from any registry of approved schools or
 9 programs after written notice by the member agency.
 10 (b) Definitions. As used in this subdivision:
 11 (i) "Aversive interventions" means an intervention known or intended
 12 to induce pain or discomfort for the purpose of eliminating or reducing
 13 maladaptive behaviors, and include but are not limited to:
 14 (1) contingent application of noxious, painful, intrusive stimuli or
 15 activities;
 16 (2) any form of noxious, painful, or intrusive taste, spray, or inha-
 17 lant;
 18 (3) withholding sleep, shelter, bedding, bathroom facilities or cloth-
 19 ing;
 20 (4) contingent food programs that include denial or delay of meals or
 21 intentionally altering staple food or drink in order to make it
 22 distasteful;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04673-01-5

 A. 2225 2

 1 (5) movement limitation used as a punishment, including but not limit-
 2 ed to use of helmets and mechanical restraint devices;
 3 (6) electric shock therapy; and
 4 (7) other similar stimuli, treatments, interventions, or actions.
 5 The foregoing to the contrary notwithstanding, aversive interventions
 6 do not include interventions such as voice control, limited to loud,
 7 firm commands; time-limited ignoring of a specific behavior; token fines
 8 as part of a token economy system; brief physical prompts to interrupt
 9 or prevent a specific behavior; interventions medically necessary for
 10 the treatment or protection of the student; or other similar inter-
 11 ventions.
 12 (ii) "Child" means an individual who is twenty-one years of age or
 13 less, provided that a member agency may utilize an alternative defi-
 14 nition of a child, including specifying a different age, for purposes of
 15 compliance with this subdivision, so long as such definition is standard
 16 and appropriate to its placement procedures.
 17 (iii) "Member agency" means a state agency that is a member of the
 18 out-of-state placement committee.
 19 (iv) "Public funding" means funding for care, services, programs, and
 20 services programs which are provided or approved directly or indirectly
 21 by or under the jurisdiction of a member agency, exclusive of funding
 22 for which federal requirements or directives override, supersede, or
 23 require approval in a manner contrary to the requirements of this subdi-
 24 vision, or for which, in the judgment of the member agency, compliance
 25 with this subdivision would violate federal law or regulations.