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Capitol Correspondence - 12.10.24

Advocates Call on FDA to Expedite Ban on Shock Devices for People with Disabilities

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Nearly 200 advocacy organizations, including ANCOR, are urging the Food and Drug Administration (FDA) to finalize a long-awaited ban on electrical stimulation devices used to address behavior issues in people with developmental disabilities. These devices, which send painful shocks through electrodes attached to the skin, are used in one institution as a form of behavior modification for individuals with self-injurious or aggressive behaviors.

In a letter addressed to federal health officials, advocacy groups emphasized the urgency of immediate action, citing nearly a decade of delays since experts first recommended banning the devices. “For almost 10 years, people with disabilities have continued to endure painful and dangerous electric shocks while waiting for this critical protection,” the letter states.

The FDA originally banned their use in 2020, stating that the devices posed an “unreasonable and substantial risk of illness or injury.” Psychological and physical risks cited include burns, tissue damage, depression, anxiety, and post-traumatic stress disorder.

However, the ban was overturned in 2021 by the U.S. Court of Appeals for the D.C. Circuit, which ruled that the FDA had exceeded its authority. Congress later clarified the FDA’s authority to regulate the devices, but the timeline for implementing a new rule has been pushed back repeatedly.

The advocacy letter called on the FDA to expedite its efforts. The agency’s current regulatory agenda lists September 2025 as the earliest expected date for a final rule.

Advocates, however, remain steadfast in their position that the devices represent an outdated and harmful practice that violates basic human rights. The letter calls on the FDA to “devote all necessary resources” to finalize the ban immediately, ensuring that no one with a disability is subjected to such painful interventions in the future.