"In the process of certification, things cameto light that they hadn't been revealing to us,"Murdock says.

What DMR uncovered, according to Murdock, was afood-deprivation program and the use of mechanicalrestraints, both of which are prohibited underdepartment regulations.

Israel alleges that the state is victimizingBRI.

"We were certified [by DMR] for two years withno problems," Israel says. "They're leading acampaign of attrition against us."

According to Roderick MacLeish, Jr., counselfor BRI, the school is allowed to use mechanicalrestraints as long as they are approved by theprobate court in each individual's case.

MacLeish says that every restrictive oraversive therapy must be individually approved foreach patient in a court process where patients areevaluated by teams of psychiatrists, psychologistsand physicians.

DMR officials say they have always hadregulations prohibiting corporal punishment.

"We've had it on the books for 20 years,"Murdock says. "We're just asking them to complywith the law."

For now, the question of whether or not BRI canapply mechanical restraints has become ajurisdictional one. Does the institute answer tothe DMR or to the probate court?

In addition to its legal problems withthe state, BRI is now encountering difficultieswith the FDA over the use of its electric shockdevice.

BRI submitted a pre-market notification for theGraduated Electronic Decelerator in April 1991.Officials say they have continued to supply theFDA with information on the decelerator during thepast three years.

The pre-market notification allows medicalinvestigators to use a new device withoutsubmitting to the more intensive InvestigationalDevices Exemption process. In this way, devicesnot intended for sale quickly receive approval foruse under the pre-market approval category.

In January of this year, two state officescomplained to the FDA that Israel planned tomarket the decelerator. The offices also allegedthat the machine misfires and causes seriousburns.

The Boston office of the FDA investigated andfound no evidence of commercial distribution,misfirings or burns, according to a statementprovided by the FDA.

And in an interview, an FDA spokesperson saidBRI's cooperation with the agency has beencomplete and its documentation through.