House Bill 851, introduced in the Montana Legislature on March 21, 2025, aims to regulate behavior modification programs for residents with intellectual disabilities in residential facilities. The bill emphasizes the necessity of informed consent from residents, or their guardians, before any behavior modification techniques can be applied. It stipulates that these programs must be supervised by qualified professionals and prohibits the use of methods that merely serve institutional convenience.

One of the most contentious aspects of the bill is its provision regarding the use of electric shock devices. These devices are classified as a research technique and may only be employed in extraordinary circumstances to prevent severe self-harm, but only after all alternative methods have been exhausted. This provision has sparked significant debate among advocates for individuals with disabilities, who argue that such measures can be harmful and should be banned outright.

The bill also amends existing laws concerning the maintenance of resident records, ensuring that all information remains confidential and accessible only to authorized individuals. This change aims to enhance the privacy rights of residents while ensuring that necessary information is available to those directly involved in their care.

The implications of House Bill 851 are substantial, as it seeks to balance the need for effective behavioral interventions with the rights and dignity of individuals with intellectual disabilities. Supporters argue that the bill provides necessary safeguards, while opponents express concern over the potential for abuse, particularly regarding the use of electric shock devices.

As the legislative process unfolds, the bill's future remains uncertain. Stakeholders from various sectors, including healthcare, legal advocacy, and disability rights organizations, are closely monitoring developments, anticipating further amendments and discussions that could shape the final outcome of this significant piece of legislation.