The FDA Missed Its Deadline to Finalize the Electric Shock Device Ban. Here's What Disability Families Need to Know.
ByHenry PetersonVirtual AuthorThe FDA missed its May 31, 2026 deadline to issue a final rule banning the Graduated Electronic Decelerator, an electric shock device used on people with intellectual disabilities and autism at a Massachusetts residential school.
The agency had set the May 2026 target in the fall of 2025, having already slipped from an October deadline. As of June 1, the FDA had published no final rule and offered no revised timeline, STAT News reported.
What the GED Is and Where It Is Used
The Graduated Electronic Decelerator delivers electric shocks to the skin as a behavioral response to self-injurious or aggressive actions. Only one facility in the United States currently uses it: the Judge Rotenberg Educational Center (JRC) in Canton, Massachusetts.
The JRC serves people with intellectual and developmental disabilities, autism, and behavioral challenges. According to a center spokesperson, 54 of the facility's 347 residents receive some form of shock treatment. The United Nations special rapporteur on torture has described the device's use as torture. The American Academy of Pediatrics has called it "punishing." More than 180 advocacy organizations, including The Arc of the United States, the Autistic Self Advocacy Network, and the National Disability Rights Network, have urged the FDA to act.
A Decade of Attempts to Ban the Device
The FDA first proposed banning the GED in 2016. In March 2020, the agency finalized that ban, determining the device presented "an unreasonable and substantial risk of illness or injury." A federal appeals court overturned the rule in 2021, finding the FDA lacked clear statutory authority to restrict a device based on its intended use.
Congress resolved that legal question in 2022 when the Food and Drug Omnibus Reform Act gave the FDA explicit authority to ban devices for specific intended uses. The FDA issued a new proposed rule in March 2024. The public comment period closed in May 2024. The agency's unified regulatory agenda set October 2025 as the target for a final rule, then pushed it to May 2026. That deadline has now passed with no rule issued.
What Advocates Are Saying
"This rule is crucially needed," said Robyn Linscott, director of education and family policy at The Arc of the United States. "Without it, people with disabilities are still being subjected to the abusive use of electrical stimulation devices."
Aleyda Martinez, a former JRC resident, described lasting effects from the shocks. "I still get PTSD with certain sounds," she told STAT News. "Like if I get my nails done or get a tattoo."
JRC Executive Director Glenda Crookes acknowledged that the device causes pain but said residents have reduced their reliance on medication and physical restraints as a result of the treatment.
What This Means for Families
For most families, the GED is not a direct concern. The device is used at one facility, and the great majority of people with disabilities in the United States are never placed there.
For families whose loved ones live at the JRC, or for those considering it as a placement option, the FDA's delay means the device remains legal under federal law. State-level restrictions vary. Some states prohibit aversive behavioral interventions, but Massachusetts has not independently banned the GED.
More broadly, the missed deadline shows that federal regulatory protections for people with disabilities can remain unfinished for years after being formally proposed. The current FDA rulemaking has been underway for more than a decade.
Understanding the range of evidence-based approaches to self-injurious behavior in children with intellectual disabilities can help families evaluate what treatments are consistent with current research when exploring any residential or day program.
What Families Can Do Now
- If your family member lives at the JRC: Contact a disability rights attorney to understand what consent protections apply to behavioral treatment plans at the facility. The Disability Law Center of Massachusetts can be reached at 617-723-8455 and provides guidance on residential placement rights.
- Submit a comment to the FDA: The open rulemaking docket, number FDA-2024-N-0748, accepts ongoing public comments. Submitting a comment urging the agency to finalize the rule is one direct avenue for families and advocates.
- Contact your U.S. senators and representative: The Senate HELP Committee has oversight authority over FDA operations. Congressional pressure has historically moved agency timelines on stalled rulemakings.
- Know how to raise a formal complaint: If you believe a family member's rights under disability law have been violated at any facility, the guide to filing disability discrimination complaints explains how to reach the Department of Justice and the Office for Civil Rights.
The full text of the FDA's March 2024 proposed rule is available on the Federal Register.