Relating to state mental health and developmental disabilities programs, offices and issues; repealer

BILL NUMBER:S4467

Title of bill

An act to amend the mental hygiene law and the facilities development corporation act, in relation to state mental health and developmental disabilities programs, offices, and issues; and to repeal certain provisions of the mental hygiene law relating thereto

Purpose of bill

This bill would eliminate references in the Mental Hygiene Law (MHL) to the terms "mental retardation" and "mentally retarded," both of which are outdated and offensive to persons with developmental disabilities, and would update the MHL to reflect the use of person centered language.

Summary of provisions

Sections 1 through 73 of this bill would amend the MHL to: (1) eliminate references to the terms "mentally retarded" and "mental retardation;" (2) make technical corrections to update the name of the agency to the Office for People With Developmental Disabilities; (3) make technical corrections to reflect that the head of the former Office of Mental Retardation should now be known as the Commissioner of Developmental Disabilities; and (4) make corrections to reflect the use of person-centered language.

Section 74 of this bill would amend Facilities Development Corporation Act § 3 to change the term "Community Mental Health and Retardation Facility" to "Community Mental Health and Developmental Disabilities Facility."

Section 75 of this bill would provide for an immediate effective date.

Existing law

Chapter 455 of the Laws of 2007 required the use of person-centered language when referring to individuals with disabilities and the avoidance of language that implies that the person as a whole is disabled or equates the person with the condition.

Chapter 168 of the Laws of 2010 changed the name of the agency to the Office for People With Developmental Disabilities and changed the agency commissioner's designation to the Commissioner of Developmental Disabilities.

Legislative history

This is a new bill.

Statement in support

The terms "mental retardation" and "mentally retarded" are outdated and offensive terms to individuals with developmental disabilities.

The term "mental retardation" is attached to a significant stigma and has negative connotations. To the extent that "mental retardation" remains used in clinical contexts, this is encompassed in the MHL definition of "developmental disabilities." In addition, there is an international trend toward removing the term "mental retardation" from diagnostic nomenclature.

Legislation enacted in recent years reflects the movement away from use of the term "mental retardation." First, Chapter 455 of the Laws of 2007 required the use of person-centered language when referring to individuals with disabilities and the avoidance of language implying that the person as a whole is disabled or equates the person with the condition. Last year, Chapter 168 of the Laws of 2010 changed the name of the agency to the Office for People With Developmental Disabilities and changed the agency commissioner's designation to the Commissioner of Developmental Disabilities. On the federal level, "Rosa's Law," enacted this year, changed federal laws to replace references to the term "mentally retardation" with "intellectual disability," another commonly used term.

Budget implications

This bill would have no fiscal implications.

Effective date

This bill would take effect immediately.