Introduction
This report (“2012 Report”) seeks to eliminate demeaning, disrespectful, andarchaic terminology that is used in the New Jersey statutes when referring to persons with physical disabilities. The Commission released two final reports dealing with this terminology as it affected persons with developmental, cognitive or psychiatric disabilities, the first in 2008 in direct response to the amendment to Article II, Section I, Paragraph 6 of the New Jersey Constitution, and the second in 2011, subsequent to enactment of P.L. 2010, c. 50.[1] In October of 2012, identical bills based on the Commission’s 2011 Final Report were introduced in the Assembly and Senate.
By eliminating language which demeans persons with physical disabilities, this 2012Report will further enhance the initial purpose of this Commission’s statutory revision work in this area.
The Statement to the original bill for P.L. 2010, c. 50, states in pertinent part that:
[l]anguage used in reference to individuals with intellectual and other disabilities shapes and reflects the attitudes of society toward persons with disabilities. Certain terms are demeaning and disrespectful, and create a barrier to the inclusion of people with intellectual and other disabilities as valued members of our community. It is, therefore, in the public interest to ensure that the statutes and regulations of the State do not contain language that is outdated and disrespectful to persons with disabilities. [emphasis added.]
This goal is no less important when it concerns language regarding persons with physical disabilities. By specifically identifying language that refers to persons with physical disabilities and making recommendations for replacement language, this reportfurthers the goal of removing alldemeaning and disrespectful language from our statutes when referring to people with disabilities generally.
The concerns addressed in this report, were first brought to the Commission’s attention by the Education Law Center (“ELC”) and New Jersey Special Education Practitioners (“NJSEP”), a group of over 100 attorney and non-attorney advocates. Although the ELC and NJSEP initially raised concern with language used by judges in court decisions, they also identified terms in statutory law that were considered pejorative when used to describe or identify persons with physical disabilities. Commission Staff culled additional terms that are included in this report. [Input also was solicited from the State of New Jersey Department of Human Services, the Department of Health and Senior Services, the United States Department of Veterans Affairs, and other relevant State, Federal and county entities.]
The search for the appropriate words to replace the pejorative terms required careful consideration and discussion. The Commission determined that replacement terms should be crafted to eliminate disrespectful language andin a manner that is consistent with the replacement terms used in prior Commission reports.
In some cases, language could not be changed because the pejorative terms are contained in existing federal legislation that is known by and refers to that title. For example, terms now deemed pejorative are included in the preamble of the Social Security Act which is referenced, verbatim, in a section of our statutory law[2]. This language is not recommended for revision.In other cases, an entity or organization has a name that was not objectionable when it was first created but may be deemed objectionable today (and has not since been changed). One such institution is the State Crippled Children’s Commission which existed at one time; the statutes that reference this Commission refer to the transfer of its responsibilities and appropriations.[3] A change in this language also will not be recommended for revision.
Other terms, although not ideal, are an integral part of current culture and their removal would be problematic. For example, the term “handicapped”, now deemed pejorative in and of itself, is used to refer to “handicapped parking”, which has acquired a very distinct meaning in our culture that is not widely viewed as disrespectful. The symbol for “handicapped parking” is recognized internationally. Not only would changing this term be difficult (perhaps to say “parking for persons who have physical disabilities” which is cumbersome), but the change would necessitate a fiscal cost to the State that may not be acceptable at this time of overall budgetary constraints (i.e. all of the “handicapped parking” signage would have to be changed throughout the State of New Jersey.)
The term “vegetative state” poses other challenges. Although there may be a difference of opinion regarding the standards for determination of this medical condition, the term itself is a distinct medical term of art, recognized for purposes of insurance and other benefits as well as right to die decision making. Replacingthis term could cause significant consequences way beyond the reaches of this report.This Commission cannot recommend changes to these kinds of references at this time.
This report also clarifies existing law in several ways. The Commission recommends that all of the sections included in the reportbe further modified by:
(1) making all provisions gender neutral;
(2) eliminating or refining other unclear or anachronistic language; and
(3) making current the names of institutions and agencies.
As would be expected, statutes that are entirely anachronistic or irrelevant also are recommended for repeal and appear at the end of this report. Finally, in keeping with the Commission’s prior reports and with P.L. 2010, c. 50, the report replaces existing statutory language with person-first language when referring to persons with physical disabilities, thus emphasizing each person’s value, individuality, dignity and capabilities.
The references to pejorative terms with recommended replacement language and revision are set out below in separate statutory sections chronologically ordered by Title number and grouped by category. Comments appear after each statute.
A. TITLES THAT SHARE REFERENCES TO “AFFLICTED WITH”OR “SUFFERING FROM” (references to “BIRTH DEFECTS” occur here and later in the report)–
9:14B-1 - County hospital for sickle cell anemia
9:17A-4 –Consent by minor to medical treatment for venereal disease
*9:14B-1. County assistance
The board of chosen freeholders of a county which has no county home and hospital for children afflicted withwho havesickle cell anemia may appropriate not more than $10,000.00 each year for the necessary expense incident to the diagnosis and treatment of such children resident in the county under the age of 21 years, including the cost of surgical appliances, support and maintenance of such children, investigation of cases, and necessary traveling expenses incidental to the investigation and transportation of patients to a suitable home or hospital within the State supported by public funds or private charity; provided, however, that the board of chosen freeholders in a county of the first class having a population in excess of 800,000 may appropriate not more than $25,000.00 each year.
Before spending money for such purposes the board shall adopt such rules and regulations as it deems desirable concerning the requirements of residence and eligibility for such relief. Disbursements shall be made through officers designated by the board for that purpose on verified bills presented and approved as in the case of other county expenditures.
COMMENT
Pejorative termsare replaced with appropriate person-first language and references to gender are eliminated.
[If there are not any county or state homes/hospitals for children with sickle cell anemia, this should be recommended for repealed.]
9:17A-4. Consent by minor to medical care or treatment; venereal disease, HIV/AIDS, sexual assault, drug use or alcoholism; notice and report of treatment; confidentiality
The consent to the provision of medical or surgical care or services by a hospital, public clinic, or the performance of medical or surgical care or services by a physician, licensed to practice medicine, when executed by a minor who is or believes that he or she may be afflicted withhave a venereal disease, or who is at least 13 years of age and is or believes that he or she may be infected with the human immunodeficiency virus or have acquired immune deficiency syndrome, or by a minor who, in the judgment of a treating physician, appears to have been sexually assaulted, shall be valid and binding as if the minor had achieved his or her majority, as the casemay be. Any suchTheconsent shall not be subject to later disaffirmance by reason of minority. In the case of a minor who appears to have been sexually assaulted, the minor's parents or guardian shall be notified immediately, unless the attending physician believes that it is in the best interests of the patient not to do so; however, inability of the treating physician, hospital or clinic to locate or notify the parents or guardian shall not preclude the provision of any necessary emergency medical or surgical care to the minor.
When a minor believes that he or she is sufferingadversely affected from the use of drugs or is a drug dependent person as defined in section 2 of P.L.1970, c. 226 (C.24:21-2) or is suffering adversely affectedfrom alcohol dependency or is an alcoholicas defined in section 2 of P.L.1975, c. 305 (C.26:2B-8), histhe minor’s consent to treatment under the supervision of a physician licensed to practice medicine, or an individual licensed or certified to provide treatment for alcoholism or in a facility licensed by the State to provide for the treatment of alcoholism shall be valid and binding as if the minor had achieved his or herreachedthe age ofmajority, as the casemay be. Any suchTheconsent shallnot be subject to later disaffirmance by reason of minority. Treatment for drug use, drug abuse, alcohol use or alcohol abuse that is consented to by a minor shall be considered confidential information between the physician, the treatment provider or the treatment facility, as appropriate, and his the patient, and neither the minor nor histhe physician, treatment provider or treatment facility, as appropriate, shall be required to report suchthetreatment when it is the result of voluntary consent, except as may otherwise be required by law.
The consent of no other person or persons, including but not limited to a spouse, parent, custodian or guardian, shall be necessary in order to authorize suchthehospital, facility or clinical care or services or medical or surgical care or services to be provided by a physician licensed to practice medicine or by an individual licensed or certified to provide treatment for alcoholism to such atheminor.
COMMENT
Pejorative termsare replaced with appropriate person-first language and references to gender are eliminated.
23:3-4 – License for firearms, trapping, hunting, fishing
23:3-4. Licenses; residents' and nonresidents'; fees; term of licenses
The licenses issued under this article shall be as follows:
a. A license issued to a person above 16 years of age, who has an actual and bona fide domicile in this State at the time of the application for the license and who has had an actual and bona fide domicile in this State for at least six months immediately prior thereto, provided that for a resident's trapping license the person shall be above 12 years of age. These licenses shall be designated as the resident's firearm hunting license, the resident's bow and arrow license, the resident's trapping license, and the resident's fishing license.
(1) The resident's firearm hunting license shall authorize its holder to hunt with hounds and firearms only, andfor whicha fee of $26.50 and an issuance fee of $1.00 shall be charged therefor, except that a person above the age of 65 years shall be charged a fee of $14.50 and an issuance fee of $1.00.
(2) The resident's bow and arrow license shall authorize its holder to hunt with bow and arrow only, andfor whicha fee of $30.50 and an issuance fee of $1.00 shall be charged therefor, except that a person above the age of 65 years shall be charged a fee of $15.50 and an issuance fee of $1.00.
(3) The resident's trapping license shall authorize its holder to trap only, andfor whicha fee of $31.50 and an issuance fee of $1.00 shall be charged therefor, except that a person above 12 years and under 16 years of age shall be charged no fee.
(4) The resident's fishing license shall authorize its holder to fish only, andfor whicha fee of $21.50 and an issuance fee of $1.00 shall be charged therefor, except that (a) in any case where the applicant is above 70 years of age and is otherwise qualified, no license shall be required, and (b) a person above 65 years and under 70 years of age shall be charged a fee of $11.50 and an issuance fee of $1.00.
(5) Any resident of this State who is afflicted withhastotal blindness, upon application to the division, shall be entitled to a resident's fishing license without fee or charge.
b. A license issued to a person above 16 years of age not entitled to a resident's license, authorizing himthe person to trap or to hunt, except that a nonresident's two-day small game firearm hunting license shall not permit the taking, hunting, or killing of deer or turkey. These licenses shall be designated as the nonresident's firearm hunting license, the nonresident's bow and arrow license, the nonresident's trapping license, and the nonresident's two-day small game firearm hunting license.
(1) The fees for the nonresident's firearm hunting license and the nonresident's bow and arrow license shall each be $134.50 and an issuance fee of $1.00.
(2) The fee for the nonresident's trapping license shall be $199.50 and an issuance fee of $1.00.
(3) The fee for a nonresident's two-day small game firearm hunting license shall be $35.50 and an issuance fee of $1.00.
c. A license issued to a person above 16 years of age not entitled to a resident's license, authorizing himthe person to fish only. These licenses shall be designated as the nonresident's annual fishing license, the nonresident's two-day fishing license, valid for a period of two consecutive days, and the nonresident's seven-day vacation fishing license, valid for a period of seven consecutive days.
(1) The fee for the nonresident's annual fishing license shall be $33.00 and an issuance fee of $1.00.
(2) The fee for the nonresident's two-day fishing license shall be $8.00 and an issuance fee of $1.00.
(3) The fee for the nonresident's seven-day fishing license shall be $18.50 and an issuance fee of $1.00.
d. Every license issued hereunder shall be void after December 31 next succeeding its issuance, except the one-day hunting license, which shall expire on the date of issuance; the nonresident's seven-day fishing license, which is valid only for seven consecutive days after date of issuance; the nonresident's two-day fishing license, which shall expire on the day after the date of issuance; and the nonresident's two-day small game firearm hunting license, which shall expire on the day after the date of issuance.
Any license issued hereunder to a person under 16 years of age shall be void after December 31 of the year in which the licensee becomes 16 years of age.
e. The fees for licenses set forth in this section may be adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c. 180 (C.23:3-1a).
COMMENT
Pejorative termsare replaced with appropriate person-first language and references to gender are eliminated.
26:2-111.3-Legislative findings regarding congenital heart defects
26:2-141- Commissioner of State Department of Health
26:2-185-Legislative findings regarding autism spectrum disorder
26:2-189-Legislative findings regarding autism
26:2D-34 – License of radiologic technologist, suspension
26:2O-1 – Legislative findings regarding Cystic Fibrosis
26:4-71.3 – Tuberculosis patient leaving hospital against medical advice
26:8-40.20-Legislative findings regarding major birth defects
26:8-40.21-Birth defect and severe neonatal jaundice registry
26:8-40.22-Confidential reports regarding severe hyperbilirubinemia
26:2-111.3. Legislative findings and declarations; congenital heart defects and early detection
The Legislature finds and declares that:
a. Congenital heart defects (CHDs) are structural abnormalities of the heart that are present at birth; CHDs range in severity from simple problems such as holes between chambers of the heart, to severe malformations, such as the complete absence of one or more chambers or valves; some critical CHDs can cause severe and life-threatening symptoms which require intervention within the first days of life;
b. According to the United States Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children, congenital heart disease affects approximately seven to nine of every 1,000 live births in the United States and Europe; the federal Centers for Disease Control and Prevention states that CHD is the leading cause of infant death due to birthdefectsserious medical conditions existing at birth;
c. Current methods for detecting CHDs generally include prenatal ultrasound screening and repeated clinical examinations; while prenatal ultrasound screenings can detect some major congenital heart defects, these screenings, alone, identify less than half of all CHD cases, and critical CHD cases are often missed during routine clinical exams performed prior to a newborn's discharge from a birthing facility;
d. Pulse oximetry is a non-invasive test that estimates the percentage of hemoglobin in blood that is saturated with oxygen; when performed on a newborn a minimum of 24 hours after birth, pulse oximetry screening is often more effective at detecting critical, life-threatening CHDs which otherwise go undetected by current screening methods; newborns with abnormal pulse oximetry results require immediate confirmatory testing and intervention; and
e. Many newborn lives could potentially be saved by earlier detection and treatment of CHDs if birthing facilities in the State were required to perform this simple, non-invasive newborn screening in conjunction with current CHD screening methods.
COMMENT
Pejorative termsare replaced with appropriate person-first language and references to gender are eliminated.
26:2-141. Authority of commissioner
The commissioner is authorized to:
a. Gather data relative to the occurrence of diabetes and its associated complications;
b. Enter into necessary contracts and agreements with counties, municipalities and other units of government, colleges, universities, associations and agencies;
c. Conduct a scientific investigation into the prevention, cause and control of diabetes and its associated morbidity;
d. Develop more effective methods for evaluating diabetes control strategies;
e. Promote programs of education for persons afflicted withwho havediabetes in order to improve their quality of life and reduce the burdens of the disease and its complications;