The Legislature hereby finds that:

(1) Research does not support the longterm efficacy of aversive behavioral intervention;

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Terms Used In South Dakota Codified Laws 27B-8-50

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) The use of aversive or abusive treatment raises disturbing legal and ethical issues, and may well deprive the recipient of constitutional or statutory rights and be outside the ethical guidelines imposed upon the treatment professional;

(3) Any person with a disability has the same right to be treated with dignity and respect as any other citizen; and

(4) The use of aversive and abusive treatments on any person with a disability diminishes the dignity and humanity of the treatment professional and the person with a disability.

The Legislature opposes any treatment or practice which violates the right to freedom from harm. The Legislature promotes activities that lead to implementation and dissemination of positive intervention alternatives.

Source: SL 2000, ch 131, § 95.