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, 
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            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 




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          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.

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