Congress enables FDA to ban shock devices used at Canton school

CANTON − Congress has jointed the battle over whether disabled students should be given electric shocks as part of their therapy, bringing hope to opponents of the practice that it will end.

"You're not allowed to use electric shock on prisoners or prisoners of war or convicted terrorists," said Nancy Weiss, a retired professor who has helped organize opposition to the practice.

Weiss and others were heartened by the inclusion of language in the 2023 omnibus appropriations bill passed late last month that gives the U.S. Food and Drug Administration the authority to ban the devices. The FDA banned the devices in 2020, but a federal Appeals Court overturned the move in 2021.

Disability-rights activists jam the entrance of the Judge Rotenberg Center in Canton during a demonstration.
Disability-rights activists jam the entrance of the Judge Rotenberg Center in Canton during a demonstration.

The fight against the devices intensified after a video was revealed of former Judge Rotenberg Center student Andre McCollins being restrained and shocked for hours at the Canton school.

The Judge Rotenberg Center has successfully rebuffed efforts to ban the practice, saying it was the only treatment that worked with some severely disabled students who might otherwise be hurting themselves or others.

In response to the omnibus bill, the Judge Rotenberg Center said in a statement: "The parents and guardians of clients of the Judge Rotenberg Educational Center will continue to work to ensure that the life-saving electrical stimulation device treatment remains available to those for whom all other treatment options have been tried and failed. Allowing the use of ESDs as part of these clients' treatment plans is a matter of life or death."

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An FDA spokesperson said the agency is reviewing the provisions in the omnibus bill "and evaluating their impact with regard to oversight of these devices."

Weiss said she expects the Judge Rotenberg Center to fight this latest move too.

"I always expect them to fight, and you never know what's going to happen next," Weiss said. "It's important to them because this is how they make their money. And they do believe that it's important to use these incredibly painful electric shocks."

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This article originally appeared on The Patriot Ledger: Congress enables FDA to ban shock devices used at Canton school