HOUSE DOCKET, NO. 94922        FILED ON: 7/22/2010

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4922

The Commonwealth of Massachusetts

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In the Year Two Thousand Ten

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An Act eliminating the word ‘retardation’ from the  general  laws..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION  Section 17 of chapter 10 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 4 and 7, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- intellectual disabilities.

SECTION   Said section 17 of  said chapter 10, as so appearing,  is hereby further amended by striking out, in lines 4, 8 and 18, the words “mentally retarded persons” and inserting in place thereof, in each instance, the following words:- persons with an intellectual disability.

SECTION  Section 13 of chapter 18B of the General Laws, as so appearing,  is hereby amended by striking out, in line 22, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- intellectual disabilities.

SECTION   Section 21 of  chapter 19 of the General Laws, as so appearing,  is hereby amended by striking out, in line 40, the words “mentally retarded individuals” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION   Said section 21 of  said chapter 19, as so appearing,  is hereby further amended by striking out, in lines 46 and 47, the words “mentally retarded” and inserting in place thereof, in each instance, the following words:- persons with an intellectual disability.

SECTION   Said section 21 of  said chapter 19, as so appearing, is hereby further amended by striking out, in line 59, the words “mentally retarded persons” and inserting in place thereof, in each instance, the following words:- persons with an intellectual disability.

SECTION   Section 1 of chapter 19B of the General Laws, as so appearing,  is hereby amended by striking out, in lines 25, 26 and 27, 33, 42, 47 and 48, 49 and 51, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- intellectual disabilities.

SECTION   Said section 1 of  said chapter 19B, as so appearing,  is hereby further amended by striking out, in line 14, 16 and 21, the words “mentally retarded citizens of the commonwealth” and inserting in place thereof, in each instance, the following words:- persons with an  intellectual disability.

SECTION   Said section 1 of  said chapter 19B, as so appearing,  is hereby further amended by striking out, in line 16 and 21, the words “mentally retarded persons” and inserting in place thereof, in each instance, the following words:- persons with an intellectual disability.

SECTION   Section 10 of  said chapter 19B, as so appearing,  is hereby amended by striking out, in line 2, the words “mental retardation” and inserting in place thereof the following words:- intellectual disability.

SECTION   Section 12 of  said chapter 19B, as so appearing,  is hereby amended by striking out, in lines 2, 7 and 8, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- intellectual disability.

SECTION   Section 13 of  said chapter 19B, as so appearing,  is hereby amended by striking out, in lines 3, 8 and 9, 13, 27, 31, 32 and 33, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- intellectual disability.

SECTION   Section 15 of  said chapter 19B, as so appearing,  is hereby amended by striking out, in lines 5 and 6, 8 and 39 and 40, the words “who are mentally retarded” and inserting in place thereof, in each instance, the following words:- with an intellectual disability.

SECTION   Section 16 of  said chapter 19B, as so appearing,  is hereby amended by striking out, in line 2, the words “mental retardation” and inserting in place thereof the following words:- intellectual disability.

SECTION   Section 18 of  said chapter 19B, as so appearing,  is hereby amended by striking out, in line 40, the words “mentally retarded individuals” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION   Said section 18 of  said chapter 19B, as so appearing,  is hereby further amended by striking out, in line 59, the words “mentally retarded persons” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION   Said section 18 of  said chapter 19B, as so appearing,  is hereby further amended by striking out, in line 46, the words “mentally retarded” and inserting in place thereof

the following words:- persons with an intellectual disability.

SECTION   Section 1 of  chapter 19C of the General Laws , as so appearing, is hereby amended by striking out, in line 16, the words “mentally retarded, as defined by section one of chapter one hundred and twenty-three” and inserting in place thereof  the following words:- a person with an intellectual disability as defined by section 1 of chapter 123B.

SECTION   Section 4 of  said chapter 19C, as so appearing,  is hereby amended by striking out, in line 28, the words “mentally retarded” and inserting in place thereof the following words:- a person with an intellectual disability.

SECTION   Section 3 of  chapter 19D of the General Laws, as so appearing,  is hereby amended by striking out, in line 9, the words “the mentally retarded” and inserting in place thereof  the following words:- persons with an intellectual disability.

SECTION   Section 1 of chapter 31 of the General Laws, as so appearing, is hereby amended by striking out the definition of “Mentally retarded person”.

SECTION   Said section 1 of said chapter 31, as so appearing,  is hereby further amended by inserting, after the definition of “Permanent employee” the following definition:- “Person with an intellectual disability”, a person certified as having an intellectual disability by the Massachusetts rehabilitation commission.

SECTION   Section 47 of  said chapter 31 , as so appearing, is hereby amended by striking out, in lines 7, 13and 14, 27 and 28 and 33,  the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:- person with an intellectual disability.

SECTION   Said section 47 of said chapter 31 , as so appearing, is hereby further amended by striking out, in line 10,  the words “is mentally retarded” and inserting in place thereof  the following words:- has an intellectual disability.

SECTION   Said section 47 of  said chapter 31, as so appearing,  is hereby further amended by striking out, in line 16,  the words “retarded person” and inserting in place thereof  the following words:- person with an intellectual disability.

SECTION   Said section 47 of  said chapter 31, as so appearing,  is hereby further amended by striking out, in lines 24 and 25,  the words “mentally retarded person’s” and inserting in place thereof the following words:- person with an intellectual disability’s.

SECTION   Section 4E of  chapter 111 of the General Laws, as so appearing,  is hereby amended by striking out, in line 2, the words “mental retardation” and inserting in place thereof  the following words:- intellectual disability.

SECTION   Section 63A of said chapter 111, as so appearing,  is hereby amended by striking out, in line 4, the words “mentally retarded” and inserting in place thereof the following words:- a person with an intellectual disability.

SECTION   Section 67E of said chapter 111 , as so appearing, is hereby amended by striking out, in lines 43 and 44 and 45, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- an intellectual disability.

SECTION   Section 71 of said chapter 111 , as so appearing, is hereby amended by striking out, in lines 5, 12, 15,  and 18, 135 and 136,  139 and 140, 159, 211, 232, and 242, the words “the mental retarded” and inserting in place thereof, in each instance, the following words:- persons with an intellectual disability.

SECTION   Said section 71 of said  chapter 111, as so appearing,  is hereby further amended by striking out, in lines 162 and 163, the words “mentally retarded persons” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION   Section 72 of said chapter 111, as so appearing,  is hereby amended by striking out, in lines 7 and 8, 13 and 14, 17, 20 and 21, 26, 27, 36 and 37, and 41, the words “the mentally retarded” and inserting in place thereof, in each instance, the following words:- persons with an intellectual disability.

SECTION   Said section 72 of said chapter 111, as so appearing,  is hereby further amended by striking out, in lines 31 and 32, words “mentally retarded persons” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION   Section 73 of said chapter 111, as so appearing,  is hereby amended by striking out, in line 4, the words “the mentally retarded” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION   Section 27 of chapter 118G of the General Laws, as so appearing, is hereby amended by striking out the definition of “Intermediate care facility for the mentally retarded or ICF/MR,” .

SECTION   Said section 27 of said chapter 118G , as so appearing, is hereby further amended by inserting, after the definition of “Assessment” the following definition:-

“Intermediate care facility for persons with an intellectual disability or ICF/PWID,” a privately or publicly operated intermediate care facility for persons with an intellectual disability.

SECTION   Said section 27 of said chapter 118G , as so appearing, is hereby further amended by striking out, in lines 11, 13 and 31, the words “the mentally retarded” and inserting in place thereof, in each instance, the following words:- persons with an intellectual disability.

SECTION   Said section 27 of said chapter 118G, as so appearing,  is hereby further amended by striking out, in lines 8, 12, 14 and 32, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- an intellectual disability.

SECTION   Said section 27 of said chapter 118G is hereby further amended by striking out, in lines 28, 39, 41, 47, 49 and 53, the word “ICF/MR” and inserting in place thereof, in each instance, the following word:- ICF/PWID .

SECTION   Section 29 of  chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1, 9, 14, 22, and 29, the words “ mental retardation” and inserting in place thereof, in each instance, the following words:-  an intellectual disability.

SECTION   Section 1 of chapter 123B of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the words “mentally retarded person” and inserting in place thereof the following words:- person with an intellectual disability.

SECTION   Said section 1 of said chapter 123B, as so appearing,  is hereby further amended by striking out the definition of “Mentally retarded person” .

SECTION   Said section 1 of said chapter 123B, as so appearing,  is hereby further amended by inserting, after the definition of “Independent funds” the following definition:-

“Person with an intellectual disability”, a person who, as a result of inadequately developed or impaired intelligence, as determined by clinical authorities as described in the regulations of the department is substantially limited in his or her ability to learn or adapt, as judged by established standards available for the evaluation of a person’s ability to function in the community.

A person with an intellectual disability may be considered mentally ill provided that no person with an intellectual disability shall be considered mentally ill solely by virtue of his or her intellectual disability.

SECTION   Said section 1 of said chapter 123B , as so appearing, is hereby further amended by striking out, in line 27, the words “his mental retardation” and inserting in place thereof the following words:- their intellectual disability.

SECTION   Section 2 of said chapter 123B, as so appearing,  is hereby amended by striking out, in line 5, the words “mentally retarded persons” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION   Said section 2 of said chapter 123B, as so appearing,  is hereby further amended by striking out, in line 8, the word “the mentally retarded” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION   Said section 2 of said chapter 123B, as so appearing,  is hereby further amended by striking out, in line 11, the word “mental retardation” and inserting in place thereof the following words:- intellectual disability.

SECTION   Section 3 of said chapter 123B, as so appearing, is hereby amended by striking out, in lines 2 and 3, 3 and 4, 7 and 8, 10, 25 and 26, 36 and 48 and 49, the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:- person with an intellectual disability.

SECTION   Said section 3 of said chapter 123B  , as so appearing, is hereby further amended by striking out, in lines 10 and 11 and 47, the words “the mentally retarded” and inserting in place thereof, in each instance, the following words:- persons with an intellectual disability.

SECTION   Said section 3 of said chapter 123B , as so appearing,  is hereby further amended by striking out, in line 16, the word “retarded” and inserting in place thereof the following words:- intellectually disabled.

SECTION   Section 4 of said chapter 123B , as so appearing, is hereby amended by striking out, in lines 23 and 30, the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:- person with an intellectual disability.

SECTION   Section 5 of said chapter 123B, as so appearing,  is hereby amended by striking out, in line 1, the words “mentally retarded person” and inserting in place thereof the following words:- person with an intellectual disability.

SECTION   Section 6 of said chapter 123B, as so appearing,  is hereby amended by striking out, in line 3, the words “mentally retarded person” and inserting in place thereof the following words:- person with an intellectual disability.

SECTION   Section 8 of said chapter 123B, as so appearing,  is hereby amended by striking out, in lines 1, 5 and 113, the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:- person with an intellectual disability.

SECTION   Said section 8 of said chapter 123B, as so appearing,  is hereby further amended by striking out, in lines 105 and 106 and 117 and 118, the words “mentally retarded persons” and inserting in place thereof, in each instance, the following words:- persons with an intellectual disability.

SECTION   Section 9 of said chapter 123B, as so appearing,  is hereby amended by striking out, in lines 1, 4 and 10, the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:- person with an intellectual disability.

SECTION   Section 12 of said chapter 123B, as so appearing,  is hereby amended by striking out, in lines 12 and 19, the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:- person with an intellectual disability.

SECTION   Section 16 of said chapter 123B, as so appearing,  is hereby amended by striking out, in lines 17 and 25 and 26, the words “the mentally retarded” and inserting in place thereof, in each instance, the following words:- persons with an intellectual disability.

SECTION   Section 11 of chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in line 38, the words “mentally retarded” and inserting in place thereof the following words:- has an intellectual disability.

SECTION   Section 30B of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the words “mental retardation” and inserting in place thereof the following words:- intellectual disability.

SECTION   Section 193T of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words “mental retardation” and inserting in place thereof the following words:- intellectual disability.

SECTION   Section 1-404 of chapter 190B of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 12, the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:- person with an intellectual disability.

SECTION   Section 5-303 of said chapter 190B  , as so appearing, is hereby amended by striking out, in lines 18, 52, and 75, the words “be mentally retarded” and inserting in place thereof, in each instance, the following words:- have an intellectual disability.

SECTION   Said section 5-303 of said chapter 190B, as so appearing,  is hereby further amended by striking out, in lines 77 and 78, the words “or mentally retarded persons” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION   Section 1B of chapter 192 of the General Laws, as so  appearing, is hereby amended by striking out, in line 3, the words “mental retardation” and inserting in place thereof the following words:- intellectual disability.

SECTION   Section 7 of chapter 206 of the General Laws, as  so appearing, is hereby amended by striking out, in lines 9 and 10 and 12, the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:- person with an intellectual disability.

SECTION   Said section 7 of said chapter 206, as so appearing,  is hereby further amended by striking out, in line 13, the words “or mentally retarded person” and inserting in place thereof the following words:- person or a person with an intellectual disability.

SECTION   Section 24 of said chapter 206 , as so appearing,  is hereby amended by striking out, in line 13, the words “mentally retarded persons” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION   Section 34E of chapter 221 of the General Laws, as so appearing, is hereby amended by striking out, in lines 35, 43 and 50, the word “retardation” and inserting in place thereof, in each instance, the following words:- intellectual disability.

SECTION   Section 23E of chapter 233 of the General Laws, as so  appearing,, is hereby amended by striking out, in lines 4, 6, 13 and 14, 15, 17, 21, 28 and 29, 50 and 51, 52 and 53 and 66, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- an intellectual disability.

SECTION   Said section 23E of said chapter 233, as so appearing,  is hereby further amended by striking out, in line 7, the words “Mental retardation” and inserting in place thereof the following words:- Intellectual disability.

SECTION   Said section 23E of said chapter 233, as so appearing,  is hereby further amended by striking out, in line 75, the words “mental retardation” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION   Section 13F of chapter 265 of the General Laws, as so  appearing, is hereby amended by striking out, in lines 2, 11, 12 and 13, the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:- person with an intellectual disability.

SECTION   Said section 13F of said chapter 265, as so appearing,  is hereby further amended by striking out, in lines 2 and 14, the words “be mentally retarded” and inserting in place thereof, in each instance, the following words:- have an intellectual disability.