BILL ANALYSIS �
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: SB 1381
AUTHOR: Pavley
INTRODUCED: February 24, 2012
HEARING DATE: March 28, 2012
CONSULTANT: Bain
SUBJECT : Mental retardation: change of term to intellectual
disability.
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 this bill from being construed as making a
substantive change in law or a change to services being
provided or eligibility standards in effect at the time of
enactment of this bill.
3.States legislative intent to increase respect for people with
disabilities by eliminating use of the outdated, offensive,
and misleading terms "mental retardation" and "mentally
retarded."
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS :
1.Author's statement. According to the author, it is estimated that
seven to eight million Americans or one in ten families in the
United States, experience intellectual disabilities. SB 1381 is a
simple measure that provides an important terminology change to
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SB 1381 | Page 2
the disabled community throughout California. As society has
become accustomed to casually using the "R-word" as a way of
deflating or condemning something's value, it's shaped the
perception of and, undoubtedly, the self-worth of those with
intellectual disabilities. The use of the "R-word" is profoundly
hurtful, outdated and not in current professional use in agencies
or associations. Furthermore, on October 5, 2010, President Obama
signed "Rosa's Law," S. 2781, removing the term "mental
retardation" and "mentally retarded" from federal health,
education and labor policy, replacing them with "intellectual
disability" or "individual with intellectual disabilities."
Federal and state laws are currently incompatible because of this
conflicting terminology; SB 1381 is needed to correct this
conflict.
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. AB 2370 (Mansoor) 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." AB 2370 would also state that nothing in that
measure is to be construed as making changes to services being
provided or eligibility standards in effect at the time of
SB 1381 | Page 3
enactment.
4.Support. This bill is sponsored by The Arc and United
Cerebral Palsy in California, a coalition of people with
intellectual and other disabilities and their families,
friends and service providers whose goal is to eliminate the
"R-word" in state law. The sponsors argue eliminating this
stigmatized, hurtful term in all usage is a high priority for
the developmental disabilities community in order to build
respect for people with intellectual disabilities. The
sponsors state the "R-word" was once intended to be a term of
respect, but times and terms have changed, and it is now used
to inflict intentional or unintentional pain, including
bullying and hate crimes.
5.Proposed author's amendments. To address the fiscal impact of
implementation of this bill, the author proposes two
substantive amendments. The first amendment would require, as
used in state regulations or state publications or other
writings, the terms "mental retardation" and "mentally
retarded person" to 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. The
second amendment would state legislative intent that state
agencies revise state regulations and state publications and
other writings to change the terminology as required by this
bill when there is another reason to revise the regulation,
publication, or other writing, thus eliminating any additional
state cost.
SUPPORT AND OPPOSITION :
Support: The Arc and United Cerebral Palsy in California
(sponsor)
Advance Education Inc.
Autism Speaks
Best Buddies California
California Academy of Child and Adolescent Psychiatry
California Disability Services Association
California Speech-Language Hearing Association
California Supported Living Network
California Toolworks, Inc.
Community Integrated Work Program Inc.
Contra Costa ARC
Developmental Disabilities Board Area 5
Disability Rights Education & Defense Fund
SB 1381 | Page 4
Futures Explored
Goodwill Southern California
The Help Group
Imperial County Office of Education
Interdisciplinary Council on Developmental and
Learning
Jay Nolan Community Services
National Association of Social Workers, California
Chapter
North Bay Regional Center
PRIDE Industries
Regional Center of the East Bay
ResCare Friendship Developmental Services
Sacramento | Yolo Mutual Housing Association
San Diego-Imperial Counties Developmental Services,
Inc.
San Luis Obispo County Special Education Local Plan
Area
San Ramon Valley Unified School District
Service Employees International Union California
Special Needs Network, Inc.
Spectrum Center Schools and Programs
United Cerebral Palsy of Sacramento and Northern
California
Oppose: None received.
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