FDA Poised to Ban Electric Shock Punishment for Disabled Children After Decades of Controversy

The U.S. Food and Drug Administration (FDA) is expected to make a decision in the coming days on whether to finalize a long-debated ban on electric shock devices used as punishment on disabled children, including autistic youth. The proposed rule, introduced in March 2024 under President Joe Biden’s administration, would prohibit the use of such devices after decades of controversy.

However, the rule’s implementation has faced repeated delays. The Trump administration’s FDA initially postponed the ban, citing the need for further review. Now, nearly two years later, the FDA’s website indicates a decision is imminent.

At the center of the debate is the Judge Rotenberg Educational Center (JRC) in Massachusetts, the only known U.S. institution still using electric shock devices to control and punish disabled youth in its care. Many of these individuals are autistic or have mental illnesses such as schizophrenia. A 2007 investigation by Mother Jones first exposed JRC’s practices, sparking widespread outrage.

The proposed FDA rule would specifically target the types of devices used by JRC. However, it would not prohibit all forms of electrical stimulation. For example, voluntary shock therapy for smoking cessation would still be permitted, as would electroconvulsive therapy devices used to treat conditions like major depressive disorder and bipolar disorder.

Long-Lasting Harm Cited by Advocates and Experts

Advocacy groups and medical experts have long condemned the use of electric shocks as punishment.

“We know from the testimony of survivors and experts that this torture inflicts injuries, trauma, and lasting harm. Autistic people…are getting [electrically shocked] for things like not taking off their coat.”

The American Academy of Pediatrics has also warned that electric shocks cause “long-lasting adverse physical and psychological impacts.” In a March 2024 statement, Owen Faris, former acting director of the FDA’s Office of Product Evaluation and Quality, outlined the risks:

“These devices present a number of psychological risks including depression, anxiety, worsening of underlying symptoms, development of post-traumatic stress disorder, and physical risks such as pain, burns, and tissue damage.”

Legal and Legislative Battles Delay Progress

The FDA first attempted to ban involuntary electric shock for self-injurious or aggressive behavior in 2020. However, a federal appeals court panel overturned the ban the following year, questioning the agency’s authority to issue such an order. In 2022, the U.S. House of Representatives passed legislation to ban the practice for people with intellectual and developmental disabilities, but the bill stalled in the Senate.

In September 2023, Massachusetts’ highest court ruled that JRC could continue shocking children in its care, further complicating efforts to end the practice.

Public Outcry Supports Reinstatement of the Ban

During the FDA’s rulemaking process, nearly 800 individuals and organizations submitted comments. The vast majority favored reinstating the ban. One autistic person, River Bradley, wrote in their comment:

“Autistic people need help, not punishment, and they are getting punished for things like not taking off their coat and for screaming out in pain from being shocked.”

Another commenter, a parent of an autistic child, echoed these concerns, highlighting the lack of evidence supporting the use of shock therapy to calm individuals with intellectual and developmental disabilities. The FDA has stated that no evidence supports the claim that shock therapy effectively reduces problematic behaviors.