Stricken language would be deleted from and underlined language would be added to present law.
Act 214 of the Regular Session
1 State of Arkansas As Engrossed: S2/9/23 H2/22/23
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 189
4
5 By: Senator Irvin
6 By: Representative L. Johnson
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8 For An Act To Be Entitled
9 AN ACT TO CLARIFY THE DEFINITION OF "INTELLECTUAL AND
10 DEVELOPMENTAL DISABILITY" IN THE ARKANSAS CODE; AND
11 FOR OTHER PURPOSES.
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14 Subtitle
15 TO CLARIFY THE DEFINITION OF
16 "INTELLECTUAL AND DEVELOPMENTAL
17 DISABILITY" IN THE ARKANSAS CODE.
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20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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22 SECTION 1. Arkansas Code § 20-48-101(4), concerning the definition of
23 "intellectual and developmental disability", is amended to read as follows:
24 (4) “Intellectual and developmental disability” means a chronic
25 disability of a person an individual that:
26 (A)(i) Is attributable to an impairment of general
27 intellectual functioning or adaptive behavior, including cerebral palsy,
28 spina bifida, Down syndrome, epilepsy, or autism;
29 (ii) Is attributable to any other condition of a
30 person found to be closely related to intellectual and developmental
31 disability because the condition results in an impairment of general
32 intellectual functioning or adaptive behavior similar to that of a person
33 with an intellectual and developmental disability or requires treatment and
34 services similar to that required for a person with an intellectual and
35 developmental disability; or
36 (iii) Is attributable to dyslexia resulting from a
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 As Engrossed: S2/9/23 H2/22/23 SB189
1 disability described in subdivision (4)(A)(i) or subdivision (4)(A)(ii) of
2 this section; a diagnosis of one (1) of the following:
3 (i) Cerebral palsy, as established by the results of
4 a medical examination by the individual's primary care provider or a licensed
5 physician;
6 (ii) Epilepsy, as established by the results of a
7 neurological examination by the individual's primary care provider or a
8 licensed physician;
9 (iii) Spina bifida, as established by the results of
10 medical examination by the individual's primary care provider or a licensed
11 physician;
12 (iv) Down syndrome, as established by the results of
13 a medical examination by the individual's primary care provider or a licensed
14 physician;
15 (v) Autism spectrum disorder, as established under §
16 20-77-124; or
17 (vi) Intellectual disability, as established by a
18 full-scale standard intelligence score of seventy (70) or below, measured by
19 a standard test designed for individual administration that is administered
20 by a qualified professional; or
21 (vii) Any other condition that results in impairment
22 of general intellectual functioning or adaptive behavior similar to an
23 individual qualifying under subdivision (4)(A)(vi) of this section;
24 (B) Originates before the person attains twenty-two (22)
25 years of age;
26 (C) Has continued or can be expected to continue
27 indefinitely; and
28 (D) Constitutes a substantial impairment to the person's
29 ability to function without appropriate support services, including, but not
30 limited to, planned recreational activities, medical without limitation:
31 (i) Daily living and social activities;
32 (ii) Medical services such as physical therapy and
33 speech therapy,;
34 (iii) Job training; and sheltered employment or job
35 training
36 (iv) Employment;
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1
2 SECTION 2. Arkansas Code § 20-48-202(4) and (5), concerning the
3 definitions of "individual with developmental and intellectual disability"
4 and "intellectual and developmental disability", are amended to read as
5 follows:
6 (4)(A) “Individual with intellectual and developmental
7 disabilities” means:
8 (i) A person with a mental deficit requiring him or
9 her to have special evaluation, treatment, care, education, training,
10 supervision, or control in his or her home or community, or in a state
11 institution for persons with intellectual disabilities; or
12 (ii) A person with intellectual and developmental
13 disabilities who may not exhibit an intellectual deficit on standard
14 psychological tests but who, because of other handicaps, functions as a
15 person with intellectual disabilities.
16 (B) “Individual with intellectual and developmental
17 disabilities” does not include a person whose primary condition is caused by
18 mental illness, emotional disturbance, physical handicap, or sensory defect a
19 person with an intellectual and developmental disability;
20 (5) “Intellectual and developmental disability” means the same
21 as defined in § 20-48-603 20-48-101;
22
23 SECTION 3. Arkansas Code § 20-48-603(2), concerning the definition of
24 "intellectual and developmental disability", is amended to read as follows:
25 (2)(A) “Intellectual and developmental disability” means a
26 disability of a person that:
27 (i) Is attributable to an impairment of general
28 intellectual functioning or adaptive behavior, including cerebral palsy,
29 spina bifida, Down syndrome, epilepsy, or autism;
30 (ii) Is attributable to any other condition of a
31 person found to be closely related to intellectual and developmental
32 disability because the condition results in impairment of general
33 intellectual functioning or adaptive behavior similar to that of individuals
34 with intellectual and developmental disabilities or requires treatment and
35 services similar to those required for the persons;
36 (iii) Is attributable to dyslexia resulting from
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1 intellectual and developmental disability, cerebral palsy, epilepsy, or
2 autism; and
3 (iv) Has continued or can be expected to continue
4 indefinitely.
5 (B) “Intellectual and developmental disability” does not
6 refer to other forms of mental disease or defect not defined in this section
7 the same as defined in § 20-48-101;
8
9 /s/Irvin
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12 APPROVED: 3/6/23
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Statutes affected:
Old version SB189 Original - 2-1-2023 02:41 PM: 20-48-101(4), 20-48-202(4), 20-48-603(2)
Old version SB189 V2 - 2-9-2023 11:58 AM: 20-48-101(4), 20-48-202(4), 20-48-603(2), 02-09-2023
Old version SB189 V3 - 2-22-2023 10:07 AM: 20-48-101(4), 20-48-202(4), 20-48-603(2)
SB 189: 20-48-101(4), 20-48-202(4), 20-48-603(2)
Act 214: 20-48-101(4), 20-48-202(4), 20-48-603(2)