The Trump administration could soon make it illegal to use electrical stimulation devices (ESDs) to shock children with autism as punishment, after postponing the issue last year. The Food and Drug Administration (FDA) initially proposed a rule in March 2024 under President Joe Biden, but it was not finalized. An update on the FDA's website, spotted by Mother Jones, indicates a decision is imminent.
Widespread Opposition to ESDs
Use of ESDs to prevent 'self-injurious or aggressive behaviors' has faced broad criticism. In 2024, American Academy of Pediatrics (AAP) President Benjamin Hoffman warned that high-voltage shocks place patients at risk for depression, anxiety, PTSD, pain, burns, tissue damage, and worsening of the behaviors they aim to correct. He called the practice 'a flagrant breach of ethical treatment' and supported a national ban.
Zoe Gross, director of advocacy at the Autistic Self Advocacy Network, described the practice as 'torture' that 'inflicts injuries, trauma and lasting harm.'
Defenders of the Practice
Proponents, including the Judge Rotenberg Center in Canton, Massachusetts—one of the few institutions still using ESDs—argue it has a calming effect and prevents self-harm. The center has won court battles in 2021 and 2023 to continue the treatment, stating it allows residents to 'live in safety and freedom from self-injurious and aggressive behaviours.'
However, the FDA says there is no evidence supporting these claims and cites the AAP's concerns.
Previous Attempts to Ban
The FDA attempted to ban shock therapy for disciplinary purposes in 2020, but a federal appeals court overruled it, citing jurisdictional overreach. In 2022, the House passed legislation to stop the practice, but it stalled in the Senate.
The current proposal would only prohibit ESD use for discipline, not voluntary shock therapy for smoking cessation or severe psychiatric conditions like major depressive disorder or bipolar disorder.
