Bill Summary for S 556 (2019-2020)

Summary date: 

Apr 8 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 556 (Public) Filed Tuesday, April 2, 2019
AN ACT TO UPDATE STATUTES RELATING TO THE PROVISION OF SERVICES WITH PEOPLE FIRST LANGUAGE BY CHANGING THE PHRASE "MENTAL RETARDATION" TO "INTELLECTUAL DISABILITY" OR "INTELLECTUAL OR OTHER DEVELOPMENTAL DISABILITY" AND TO MAKE FURTHER PEOPLE FIRST LANGUAGE, TECHNICAL, AND CLARIFYING AMENDMENTS IN THOSE STATUTES, AND ALSO TO AMEND THE MEMBERSHIP OF THE GENERAL STATUTES COMMISSION TO REPEAL THE APPOINTING AUTHORITY OF THE CHARLOTTE SCHOOL OF LAW, WHICH HAS CLOSED, TO PROVIDE FOR THE TERMS OF MEMBERS TO BEGIN ON SEPTEMBER 1 RATHER THAN JUNE 1, AND TO HARMONIZE TWO PROVISIONS DEALING WITH VACANCIES AND HOLDOVER MEMBERS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Intro. by Edwards, Hise, Perry.

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Bill summary

Part I.

Amends GS 122C-3 which includes the definitions of terms used in GS Chapter 122C (the Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985) by deleting the terms mental retardation and mentally retarded with accompanying behavior disorder, and adds the term intellectual disability, meaning a developmental disability characterized by significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before age 22 (which is substantively the same as the previous definition of mental retardation). Makes changes throughout GS Chapter 122C to replace the term mental retardation with intellectual disability or intellectual or other developmental disability; State facility for the mentally retarded with State developmental center; mentally ill with client who has a mental illness; developmentally disabled individual with an individual who has a developmental disability; and related changes. Makes additional technical and clarifying changes and makes language gender neutral. Makes clarifying changes in GS 122C-263 by deleting unnecessary language.

Part II.

Makes the same updates to the terms above as they are used in the following statutes and also updates conditions to refer to individuals as having the condition instead of being the condition (for example replaces emotionally disturbed children with children with serious emotional disturbances): GS 7B-2502, GS 14-32.2, GS 90-106, GS 58-55-35, GS 108A-101, GS 131D-10.4, GS 131D-31, GS 131E-154.2, GS 131E-176, 131E-186, GS 131E-214.1, GS 136-18, GS 143-64.02, GS 143-117, GS 143-117.1, GS 148-19, GS 148-22, GS 153A-221, GS 153A-248, and GS 159-48.

Further amends GS 90-106 by making additional organizational and clarifying changes, changes to this statute apply to offenses committed on or after January 1, 2020. Further amends GS 58-55-35 by amending the definition of skilled nursing facility by setting out a definition instead of referring to the definition found in another statute, changes to this statute apply to contracts entered into on or after October 1, 2019.

Part III.

Provides that the act does not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability.

Effective October 1, 2019, and applies to proceedings commenced or services rendered on or after that date.

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