An Act requiring licensure for use of graduated electronic decelerators
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| Committee | Recommendation | Vote |
|---|---|---|
| J13 | Accompanied | — |
| Bill | Title | Status |
|---|---|---|
| S126 | An Act requiring licensure for use of graduated electronic decelerators | Active |
Chapter 111 of the General Laws is hereby amended by adding the following section:-
(a) As used in this section, the term “graduated electronic decelerator” shall mean a device that applies a noxious electrical stimulus or electric shock to the skin of a person with a disability to alter behavior. (b) The department shall promulgate rules and regulations for the training, certification and licensing of individuals to administer or cause to be administered a procedure using a graduated electronic decelerator. The regulations shall require a comprehensive training program that includes, but is not limited to: (i) appropriate and necessary use; (ii) prohibited uses; (iii) alternatives to use, including de-escalation strategies, positive reinforcement, non-aversive measures and less intrusive procedures; (iv) safe administration, including ways to minimize pain and injury; (v) health and safety risks of use and misuse; (vi) signs of abuse; (vii) evidence of trauma; (viii) requirements for approval and supervision of use; (ix) penalties for unauthorized use or misuse; (x) policies and procedures for reporting of unauthorized use or misuse; and (xi) an examination approved by the department testing the applicant’s professional skills, judgment and fitness to administer or cause to be used a graduated electronic decelerator. (c) No person shall administer, cause to be administered or supervise a person who administers a procedure using a graduated electronic decelerator without a license. No person with a license shall misuse, cause a graduated electronic decelerator to be misused or supervise a person who misuses a graduated electronic decelerator. (d) No entity operating within the commonwealth shall permit an individual without a license granted pursuant to this section to administer or cause to be administered a procedure using a graduated electronic decelerator. No entity operating within the commonwealth shall permit an individual with a license granted pursuant to this section to misuse or cause a graduated electronic decelerator to be misused. (e) A violation of this section shall be punishable of a fine not to exceed $500.
Chapter 111 of the General Laws is hereby amended by adding the following section:- Section 244. (a) As used in this section, the term “graduated electronic decelerator” shall mean a device that applies a noxious electrical stimulus or electric shock to the skin of a person with a disability to alter behavior. (b) The department shall promulgate rules and regulations for the training, certification and licensing of individuals to administer or cause to be administered a procedure using a graduated electronic decelerator. The regulations shall require a comprehensive training program that includes, but is not limited to: (i) appropriate and necessary use; (ii) prohibited uses; (iii) alternatives to use, including de-escalation strategies, positive reinforcement, non-aversive measures and less intrusive procedures; (iv) safe administration, including ways to minimize pain and injury; (v) health and safety risks of use and misuse; (vi) signs of abuse; (vii) evidence of trauma; (viii) requirements for approval and supervision of use; (ix) penalties for unauthorized use or misuse; (x) policies and procedures for reporting of unauthorized use or misuse; and (xi) an examination approved by the department testing the applicant’s professional skills, judgment and fitness to administer or cause to be used a graduated electronic decelerator. (c) No person shall administer, cause to be administered or supervise a person who administers a procedure using a graduated electronic decelerator without a license. No person with a license shall misuse, cause a graduated electronic decelerator to be misused or supervise a person who misuses a graduated electronic decelerator. (d) No entity operating within the commonwealth shall permit an individual without a license granted pursuant to this section to administer or cause to be administered a procedure using a graduated electronic decelerator. No entity operating within the commonwealth shall permit an individual with a license granted pursuant to this section to misuse or cause a graduated electronic decelerator to be misused. (e) A violation of this section shall be punishable of a fine not to exceed $500.