Rhode Island General Laws 40.1-26-4.1. Aversive interventions – Prohibitions
It shall be unlawful for any agency to use prohibited aversive intervention techniques on a person with a developmental disability in the state of Rhode Island. The specific strategies to be prohibited within the context of behavioral treatment interventions include, but are not limited to, the following:
(1) Noxious, painful, intrusive stimuli or activities that result in pain;
(2) Any form of noxious, painful, or intrusive spray or inhalant;
(3) Electric shock;
(4) Water spray to the face;
(5) Pinches and deep muscle squeezes;
(6) Shouting, screaming, or using a loud, sharp, harsh voice to frighten or threaten or use of obscene language;
(7) Withholding adequate sleep;
(8) Withholding adequate shelter or bedding;
(9) Withholding bathroom facilities;
(10) Withholding meals, essential nutrition, or hydration;
(11) Removal of an individual’s personal property as punishment;
(12) Unobserved time-out or room/area solely used for time out;
(13) Facial or auditory screening devices; and
(14) Use of chemical restraints instead of positive programs or medical treatments.
History of Section.
P.L. 1997, ch. 136, § 1.
Terms Used In Rhode Island General Laws 40.1-26-4.1
- Agency: means any person or organization that provides day-program services, residential services, support services, or advocacy services for persons with developmental disabilities, and that is licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to Rhode Island General Laws 40.1-26-2
- Developmental disability: means a severe chronic disability that is attributable to a mental or physical impairment or combination of impairments; is manifested before the person attains age twenty-two (22); is likely to continue indefinitely; results in substantial functional limitations in three (3) or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, economic self-sufficiency; and reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated. See Rhode Island General Laws 40.1-26-2
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Personal property: All property that is not real property.