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CapTel Reconnect - December 2022

New Law Ensures 'Hearing Impaired' Struck from New York's Books

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ALBANY - New York became the third state to strike the term "hearing impaired" from state law under legislation signed recently by Gov. Andrew Cuomo. 

The bill, which was signed Aug. 24, changes all references in state law from "hearing impaired" to "deaf or hard of hearing." It was a measure pushed by the National Association of the Deaf, which maintains "hearing impaired" has a negative connotation that "focuses on what people can’t do." New York follows Utah and New Hampshire, which have previously passed similar laws striking the term from their books.

"We are delighted to learn that Governor Cuomo has signed the legislation passed by the New York Legislature to replace all references in New York laws from 'hearing impaired' to 'deaf or hard of hearing,'" Howard Rosenblum, the association's CEO, said in a statement. There were at least 25 references to "hearing impaired" or "impairment" in state law prior to Cuomo signing the bill. 

Rosenblum said the legislation is important because the deaf or hard of hearing community, which "has never felt 'impaired' and has always sought to ensure that society understands our identity." The state Assembly passed the bill in March, with the Senate following the next month. The legislation was sponsored by Sen. Terrence Murphy, R-Yorktown, Westchester County, and Assemblyman Steve Englebright, D-Suffolk County. “Advocates and members of our community who are deaf or hard of hearing find the labeling of 'hearing impaired' to be offensive," Murphy said in a statement. "Our neighbors who suffer from deafness or hearing issues are not broken or impaired but just the opposite." By using the correct terminology New York State will now acknowledge and remove any stigma associated with the deaf,” Murphy added.

In 2017, Utah became the first state in the nation to change all references in state law from "hearing impaired" to "deaf and hard of hearing" when Gov. Gary Hebert signed the bill into law, according to the Utah Association of the Deaf, which advocated for the bill's passage. New Hampshire passed a similar measure in June, striking the term "hearing impaired" from its laws. The most commonly accepted terms among deaf people are "deaf" or "hard of hearing," though it varies based on the individual's experience, according to the National Association of the Deaf.

According to Rosenblum, there are no similar measures being proposed in any other the state Legislatures at this time, though he anticipates more to follow given how quickly New Hampshire and New York passed their measures following Utah.

Current federal law still refers to the deaf and heard of hearing community as "hearing-impaired," though the association is looking into the possibility of proposing legislation that will strike such language from the federal level. 

Source: Democrat and Chronicle

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