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  • Acts
  • 2010
  • Chapter 239 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 1. Said section 17 of said chapter 10, as so appearing, is hereby further amended by striking out, in lines 18 and 19 and line 22, the words “mentally retarded persons” and inserting in place thereof, in each instance, the following words:- persons with an intellectual disability.

SECTION 2. 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 the following words:- intellectual disabilities.

SECTION 3. 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 4. 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 the following words:- persons with an intellectual disability.

SECTION 5. 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 the following words:- persons with an intellectual disability.

SECTION 6. 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 7. Said section 1 of said chapter 19B, as so appearing, is hereby further amended by striking out, in line 14, the words “mentally retarded citizens of the commonwealth” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION 8. 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 9. 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 10. 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 11. 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 12. Section 15 of said chapter 19B, as so appearing, is hereby amended by striking out, in lines 5 and 6, 9 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 13. 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 14. 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 15. 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:- a person with an intellectual disability.

SECTION 16. 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 17. Section 1 of chapter 19C of the General Laws, as so appearing, is hereby amended by striking out, in lines 16 and 17, 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 18. 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 19. 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 20. 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 21. 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 22. Section 47 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 7, 13 and 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 23. 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 24. 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 25. 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 26. 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 27. 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:- or suffering from an intellectual disability.

SECTION 28. 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 29. Section 71 of said chapter 111, as so appearing, is hereby amended by striking out, in lines 6, 12, 15, 18, 135 and 136, 139 and 140, 159, 211, 232 and 242, the words “the mentally retarded” and inserting in place thereof, in each instance, the following words:- persons with an intellectual disability.

SECTION 30. 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 31. 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, 25, 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 32. 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 33. 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 34. 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,” and inserting in place thereof 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 35. 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 36. 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 37. 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 38. 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 39. 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 40. Said section 1 of said chapter 123B, as so appearing, is hereby further amended by striking out the definition of “Mentally retarded person” .

SECTION 41. 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 the person’s ability to learn or adapt, as judged by established standards available for the evaluation of a person’s ability to function in the community; provided, however, that a person with an intellectual disability may be considered mentally ill; provided further, that no person with an intellectual disability shall be considered mentally ill solely by virtue of the person’s intellectual disability.

SECTION 42. 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 43. 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 44. 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 45. 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 46. 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 47. Said section 3 of said chapter 123B, as so appearing, is hereby further amended by striking out, in lines 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 48. 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 49. 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 50. 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 51. 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 52. 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 53. 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 54. 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 55. 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 56. Section 16 of said chapter 123B, as so appearing, is hereby amended by striking out, in lines 17 and 26, the words “the mentally retarded” and inserting in place thereof, in each instance, the following words:- persons with an intellectual disability.

SECTION 57. 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 58. 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 59. 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 60. 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 61. 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 62. 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 “of mentally retarded persons” and inserting in place thereof the following words:- persons with an intellectual disability.

SECTION 63. 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 64. 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 65. 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 66. 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 67. 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 68. 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 69. 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 70. 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 71. 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 and 14, the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:- person with an intellectual disability.

SECTION 72. 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.

Approved August 4, 2010