SECTION 1.   There shall be a special commission to investigate and make legislative recommendations on the adequacy and effectiveness of laws and regulations governing the use of behavior modification techniques, including aversive procedures and the principles of applied behavior analysis across all publicly operated and/or funded agencies.

SECTION 2.  The investigation shall include, but not be limited to, the scope of techniques permissible under current statutes and regulations, the existent classification system of behavioral interventions, the format and content of behavioral plans, the policies and procedures governing the development, review, approval, implementation and monitoring of aversive interventions, and the adequacy of procedural safeguards to ensure the health, safety, privacy, dignity and human rights of individuals with behavior plans in place. 

SECTION 3.  The commission shall also review and evaluate the status and appropriateness of a sample of current behavioral plans within state agencies as well as contracted providers.

SECTION 4.  The commission shall develop and recommend a unified set of standards regarding the use of behavior modification procedures in all agencies and programs licensed, funded and/or regulated by the Commonwealth.  These standards shall include, the minimum qualifications for staff who are involved in the development and direct implementation of aversive procedures and the review and monitoring requirements for such interventions. 

SECTION 5.  The commission shall consist of the Governor or his designee, the Senate President or his designee, the Speaker of the House or his designee, the Senate and House Chairs of the Joint Committee on Children and Families, the Chief Justice of the Probate and Family Court or his designee, the Commissioner of the Department of Mental Retardation or his designee, the Commissioner of the Department of Mental Health or her designee, the Commissioner of the Department of Education or his designee, the Commissioner of the Department of Social Services or his designee, the Commissioner of the Department of Youth Services or her designee, the Commissioner of the Department of Early Childhood and Care or her designee, the Executive Director of the Disabled Persons Protection Commission, or her designee, the Chairman of the Governor’s Commission on Mental Retardation or his designee, the Executive Director of the Massachusetts Psychological Association or her designee, a Certified Behavior Analyst, who is licensed to practice as a Psychologist in the Commonwealth.  The Commission will also include at least one disability advocate and one service provider whose agency conducts behavioral intervention programming, said representatives to be determined by the other members of the commission.

SECTION 6.  The commission may hold public hearings and site visits to assist in the collection and evaluation of data and testimony from providers, family members, and the general public.