2014 Act No. 811 altered language in the statutes to reflect the changing and more progressive views of society towards those with disabilities. Words like "crippled" and "deaf and dumb" were used frequently back in the 20th century. This act replaced those with new words such as "disabled" and "deaf and unable to speak." The final sections spelled out this legislative intent and the new preferred terminology.
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Section 35.(A) The legislature hereby finds that language used to refer to persons with disabilities and other persons with exceptionalities shapes and reflects attitudes toward and perceptions of such persons by society.
(B) It is hereby declared that the intent of the legislature is to delete from the law bodies of this state terms that convey negative or derogatory perceptions of persons with disabilities and other persons with exceptionalities. Accordingly, the intent of the legislature is to provide in this Act for establishment of new terminology in law that is more appropriate than the terminology replaced herein, and which conveys no explicit or implicit dehumanization of persons with disabilities or other persons with exceptionalities.
(C) It is not the intent of the legislature that changes in terms referring to persons with disabilities and other persons with exceptionalities, as effected by this Act, alter or affect in any way the substance, interpretation, or application of any existing law or administrative rule.
(D) Nothing in this Act shall be construed to expand or diminish any right of or benefit for any person provided by any existing law or administrative rule.
Section 36.(A)(1) For the purposes of the provisions of law amended by this Act, references to "intellectual disability" shall mean any condition formerly referred to as "mental retardation".
(2) For the purposes of the provisions of law amended by this Act, references to a "person with an intellectual disability" shall mean a person formerly referred to as "mentally retarded".
(3) For the purposes of the provisions of law amended by this Act, the term "disability", as used to describe a condition or characteristic of a person, shall have the meaning of the former term "handicap" as used in the same manner.
(4) For the purposes of the provisions of law amended by this Act, references to a "person with a physical disability" and a "person with a disability" shall mean a person formerly referred to as "physically handicapped", a "handicapped person", "the handicapped", a "crippled person", a "disabled person", or "the disabled".
(5) For the purposes of the provisions of law amended by this Act, references to a "person who is infirm" and a "person with an infirmity" shall have the meaning of the former terms "the infirm" and "the infirmed".
(6) For the purposes of the provisions of law amended by this Act, references to a person who "acquires a disability" shall have the meaning of the former references to a person who "becomes disabled".
(7) For the purposes of the provisions of law amended by this Act, references to "certified as having a disability" shall have the meaning of the former references to "certified as disabled".
(8) For the purposes of the provisions of law amended by this Act, the terms "accessible" and "accessibility" have the meanings, respectively, of the former terms "handicapped accessible" and "handicapped accessibility".
(9) For the purposes of the provisions of law amended by this Act, references to a "person with a mobility impairment" shall mean a person formerly referred to as "mobility impaired".
(10) For the purposes of the provisions of law amended by this Act, references to a "person with mental illness" shall mean a person formerly referred to as either "the mentally ill" or "mentally ill person".
(11) For the purposes of the provisions of law amended by this Act, the linguistic paradigm known as "person first language", which emphasizes a person's humanity over any condition or characteristic the person may have, is employed wherever possible to refer to persons with disabilities and other persons with exceptionalities. The legislature hereby recognizes and affirms the importance of person first language as a respectful and preferred way of referring to persons with disabilities and other persons with exceptionalities.
(B) Each agency, board, commission, department, office, and other instrumentality of the state to which the legislature has delegated authority to promulgate rules and regulations in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., is hereby authorized and requested to employ the preferred terminology described in Section 36(A) of this Act in referring to persons with disabilities and other persons with exceptionalities in duly promulgated administrative rules, policy publications, and materials published in paper format or electronically, whether for internal use or public use, including but not limited to informational brochures, resource guides, reference materials, manuals, and the content of any Internet website or other electronic media. The provisions of this Section shall apply prospectively; however, nothing herein shall be construed to limit any agency, board, commission, department, office, or other instrumentality of the state from amending existing administrative rules for the purpose of instituting the preferred terminology described in Section 36(A) of this Act.
(C) The legislative services offices of the House of Representatives and the Senate are hereby authorized and requested to publish guidance in legislative drafting manuals and in other professional resources as those offices may deem appropriate concerning use of the preferred terminology described in Section 36(A) of this Act.
Section 37. The Louisiana State Law Institute is hereby authorized and requested to change terminology referring to persons with disabilities and other persons with exceptionalities throughout the revised statutes and codes of this state wherever necessary to institute the preferred terminology described in Section 36(A) of this Act.
