S-2415               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5620

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Health Care & Corrections (originally sponsored by Senator Gaspard)

Read first time 3/1/89.

AN ACT Relating to 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, muscular dystrophy, 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)) 1990, the department shall, in consultation with the developmental disabilities planning council, propose a redefinition of developmental disability which includes all existing eligible persons and which is based on a person's functional limitations and not their diagnosis.  The department shall consider including at least persons who suffer from muscular dystrophy and traumatic brain injury in this redefinition.

          (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.