BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: AB 2370 AUTHOR: Mansoor AMENDED: June 6, 2012 HEARING DATE: June 13, 2012 CONSULTANT: Rubin SUBJECT : Mental retardation: change of term to intellectual disabilities. SUMMARY : Deletes in state law references to "mental retardation" or a "mentally retarded person" and instead replaces them with "intellectual disability" or "a person with an intellectual disability." Existing law: Refers to "mental retardation" or "a mentally retarded person" in numerous state statutory provisions, including provisions relating to psychiatric technician regulation, the state's unfair competition statute, educational and social services, commitment to state facilities, and criminal punishment. This bill: 1.Deletes references to mental retardation or a mentally retarded person and instead replaces them with "intellectual disability" or "a person with an intellectual disability." 2.Prohibits standards in effect at the time of enactment from being construed as making a substantive change in law, a change of services being provided, or eligibility. 3.Shall be known as the Shriver "R-Word" Act. FISCAL EFFECT : This bill is keyed non-fiscal. PRIOR VOTES : Assembly Judiciary: 10- 0 Assembly Floor: 77- 0 COMMENTS : 1.Author's statement. According to the author, respectful and inclusive language is essential to the movement for dignity and humanity toward people with intellectual disabilities. However, much of society does not recognize the harmful, Continued--- AB 2370 | Page 2 dehumanizing effects of the word "retard(ed)" when improperly used. It is time to address the term "retard(ed)" and raise the consciousness of society to its hurtful effects. 2.Background. The Resource Network International contracted with the Kansas University Center for the Study of Family, Neighborhood and Community Policy to do an in-depth study related to the past and current use of the term "mental retardation" in the context of government programs. Published in 2002, the study, entitled "Usage of the Term 'Mental Retardation:' Language, Image and Public Education," found there are many definitions of mental retardation but four are the most prevalent. The term "mental retardation" is used consistently in the United States far more than other terms and the next most consistent equivalent term is "intellectual disability," which is used in British Commonwealth countries and by the International Society for the Scientific Study of Intellectual Disabilities. There has recently been a move away from the term "mental retardation," but no substitute has been agreed upon. The general consensus among activists and responders to surveys (advocates, clinicians, families, parents, or other professionals) is that the term has negative connotations although many concede that any substitute for the same population will also soon develop stigmatizing qualities. There is also fear among some that a name change will endanger entitlement programs, but the current momentum is to change the term. 3.Related legislation. SB 1381 (Pavley) is similar to this bill in that it would revise various statutes to delete references to "mentally retarded persons" and instead refer to "persons with an intellectual disability" or "intellectually disabled." SB 1381 would also state that as used in a state regulation, state publication, or other writing, the terms "mental retardation" and "mentally retarded person" have the same meaning as the terms "intellectual disability" and "person with intellectual disability," unless the context or an explicit provision of federal or state law clearly requires a different meaning. 4.Support. Best Buddies California, the sponsor of this bill, writes that, while California is usually on the cutting edge of legislation, the majority of states have already changed their statutes to eliminate the "R-word" with the goal to eliminate a term that promotes a negative stereotype of intellectually disabled individuals. The Arc and United AB 2370 | Page 3 Cerebral Palsy in California states that eliminating the "R-word" in all usage is a high priority for the developmental disability community in order to build respect for people with intellectual disabilities and that, while the "R-word" was once intended to be a term of respect, times and terms have changed, and "R-word" now inflicts intentional or unintentional pain and is used in bullying and hate crimes. 5.Proposed amendment. To address the fiscal impact of implementation of this bill, the author has agreed to add following Page 79, Line 20: "(c) As used in a state regulation, state publication, or other writing, the terms "mental retardation" and "mentally retarded person" have the same meaning as the terms "intellectual disability" and "person with intellectual disability," unless the context or an explicit provision of federal or state law clearly requires a different meaning." SUPPORT AND OPPOSITION : Support: Best Buddies California (sponsor) The Arc and United Cerebral Palsy in California Association of Regional Center Agencies California Disability Services Association Dayle McIntosh Disability Resource Centers Junior League of Orange County, California North Los Angeles County Regional Center Sacramento County Developmental Disabilities Planning and Advisory Council Special Olympics Northern California Oppose: None received. -- END --