BILL ANALYSIS �
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
AB 2370 | Page
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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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