H-1943              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1607

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By House Committee on Human Services (originally sponsored by Representatives Walk, Tate, Jacobsen, Walker, Prentice and Wineberry)

Read first time 2/24/89 and referred to Committee on Appropriations.

AN ACT Relating to including muscular dystrophy in the definition of developmental disabilities; and amending RCW 71A.10.020.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 102, chapter 176, Laws of 1988 and RCW 71A.10.020 are each amended to read as follows:

          As used in this title, the following terms have the meanings indicated unless the context clearly requires otherwise.

          (1) "Department" means the department of social and health services.

          (2) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual.  ((By January 1, 1989, the department shall promulgate rules which define neurological or other conditions in a way that is not limited to intelligence quotient scores as the sole determinate [determinant] of these conditions, and notify the legislature of this action.)) The department in consultation with the developmental disabilities planning council and the legislature, shall study and make recommendations by January 1, 1990, on a redefinition of developmental disability based on functional limitations and not on the basis of a diagnosis of a categorical condition, which may encompass muscular dystrophy.

          (3) "Eligible person" means a person who has been found by the secretary under RCW 71A.16.040 to be eligible for services.

          (4) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and to raise their levels of physical, mental, social, and vocational functioning.  Habilitative services include education, training for employment, and therapy.

          (5) "Legal representative"  means a parent of a person who is under eighteen years of age, a person's legal guardian, a person's limited guardian when the subject matter is within the scope of the limited guardianship, a person's attorney at law, a person's attorney in fact, or any other person who is authorized by law to act for another person.

          (6) "Notice" or "notification" of an action of the secretary means notice in compliance with RCW 71A.10.060.

          (7) "Residential habilitation center" means a state-operated facility for persons with developmental disabilities governed by chapter 71A.20 RCW.

          (8) "Secretary" means the secretary of social and health services or the secretary's designee.

          (9) "Service" or "services" means services provided by state or local government to carry out this title.