The Massachusetts State Senate has passed S.D. 2540, which creates and authorizes standards for certain behavioral treatment interventions, including shock therapy and other techniques in extreme circumstances. The standards in the legislation apply to all publicly-operated and publicly-funded agencies and providers who use shock therapy techniques for behavioral treatment.

The bill is entitled An Act Relative to Level IV Treatment Interventions. A Level IV treatment intervention is defined as any procedure that involves the systematic use of "noxious or intrusive stimuli" that may be painful or unpleasant to individuals. This includes electric shock treatment, inhalants or drugs like Antabuse. The legislation requires the State Department of Developmental Services to enact a classification of behavioral treatment interventions as Level IV, and to adopt rules and regulations for the use of Level IV treatment in addressing certain behaviors that pose a serious danger or risk of injury or harm to oneself or others.

The legislation states clearly that Level IV treatment interventions are not to be used for minor behavior problems, and only used if reinforcement-based interventions and other less intrusive treatments have failed. Those treatments must be documented before using the Level IV treatment. In addition, the treatment is restricted to techniques and procedures considered evidence-based practices and scientifically validated.

Staff of a facility must have specific training in Level IV treatment, and facilities seeking to use Level IV must establish a facility peer review committee for initial approval of a Level IV aversive plan.

State Senator Brian A. Joyce (D-Milton), a sponsor of the bill, said that the legislation creates a unified set of standards for the treatments: "We have a fundamental obligation to protect perhaps the most vulnerable members of our society, disabled children, from this wholesale and repeated application of painful electric skin shocks, sometimes administered while those children are held in restraints, which the United Nations has declared to be torture. With passage of this legislation, we will finally introduce needed safeguards to the behavior modification field."

The bill now moves to the state House of Representatives.

Adapted in part from a press release from State Senator Joyce. The press release may be found here.

More Industry Headlines