Massachusetts House Bill H170

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Requiring licensure for use of graduated electronic decelerators

Impact

The implementation of HB 170 is expected to enhance controls around the use of graduated electronic decelerators, contributing to a more regulated approach to behavior modification techniques. It mandates that the Department of Health promulgate rules concerning training, certification, and licensure for individuals using these devices. The bill emphasizes the need for alternative behavioral strategies and establishes that any misuse of the devices without appropriate licensure could lead to penalties. Furthermore, it aims to reduce the risk of physical and psychological harm arising from unauthorized or negligent use.

Summary

House Bill 170 seeks to regulate the use of graduated electronic decelerators, which are devices that apply noxious electrical stimuli to individuals with disabilities for behavior modification. The bill mandates a formal licensure process to ensure individuals administering these devices possess adequate training and qualification. It provides a clear definition of what constitutes a graduated electronic decelerator and outlines the conditions under which these devices may be used, aiming to safeguard the welfare of vulnerable populations. The proposed legislation emerges from previous sessions, reflecting ongoing concerns surrounding the use of such devices in behavior modification settings.

Contention

Though the bill has gained support for its regulatory approach, it also faces scrutiny and potential opposition from advocates concerned about the ethical implications of using electrical stimuli for behavior modification. There are debates surrounding the effectiveness of such methods and the possibility of adverse outcomes, including traumatic experiences for individuals with disabilities. Critics argue that while oversight is necessary, the bill must also ensure that individuals with disabilities have access to non-aversive interventions and that ethical standards are maintained in behavioral treatment.