Changes the name of the office of mental retardation and developmental disabilities to the New York state developmental disabilities services office; repealer

2 Co-sponsors

• Neil D. Breslin
• Thomas P. Morahan

Title of bill

An act to amend the mental hygiene law, in relation to changing the name of the office of mental retardation and developmental disabilities to the New York state developmental disabilities services office; and to repeal subdivision 6 of section 29.29 of such law relating thereto

Purpose of the bill

This bill would amend the Mental Hygiene Law to change the name of the Office of Mental Retardation and Developmental Disabilities to the New York State Developmental Disabilities Services Office and would make a technical correction to the Mental Hygiene Law (MHL) by repealing section 29.29 (6).

Summary of provisions

Sections 1 through 29 and 31 through 46 of the bill would amend various provisions of the MHL to change the name of the Office of Mental Retardation and Developmental Disabilities to the New York State Developmental Disabilities Services Office.

Section 30 of the bill would make a technical correction to the MHL, repealing section 29.29(6), which has no text.

Section 47 of the bill would provide that whenever the former Office of Mental Retardation and Developmental Disabilities is referred to in laws, contracts and other documents such references will be deemed to refer to the New York State Developmental Disabilities Services Office or the Commissioner thereof.

Section 48 of the bill would provide that no existing right or remedy of any character would be lost, impaired or affected by reason of this bill.

Section 49 of the bill would provide for a severability clause.

Section 50 of the bill would provide for an immediate effective date.

Existing law

Currently, the MHL provides for the agency's name to be the Office of Mental Retardation and Developmental Disabilities.

Legislative history

This is a new proposal.

Statement in support

The name change provided for by this bill reflects the growing consensus among professionals and consumer advocacy groups that the use of person-centered language is important when referring to persons with disabilities, including persons who have developmental disabilities. Instead of referring to the "mentally retarded," it is more appropriate to refer to such individuals as "persons with developmental disabilities" so that the person is emphasized and not the disability. The term "mental retardation" is attached to a significant stigma and has negative connotations. It is appropriate for the agency's name to reflect a person-centered philosophy and to reflect the shift away from the use of the term "mental retardation."

This name change would clarify that the agency serves persons with all types of developmental disabilities and conditions, not just those with mental retardation. The name change will avoid unnecessary confusion between the name of the State's central office for developmental disabilities services and the local developmental disabilities services offices.

Budget implications

The fiscal impact associated with this proposal would be minimal. The agency would deplete existing inventories of forms and supplies that require a name change and would replace signage and other items on their normal replacement cycle.

Effective date

This bill would take effect immediately.