Sec. 593.005. DETERMINATION OF AN INTELLECTUAL DISABILITY. (a) In this section, "authorized provider" has the meaning assigned by Section 593.004.
(a-1) An authorized provider shall perform the determination of an intellectual disability. The department may charge a reasonable fee for certifying an authorized provider.
(b) The authorized provider shall base the determination on an interview with the person and on a professional assessment that, at a minimum, includes:
(1) a measure of the person's intellectual functioning;
(2) a determination of the person's adaptive behavior level; and
(3) evidence of origination during the person's developmental period.
(c) The authorized provider may use a previous assessment, social history, or relevant record from a school district, a public or private agency, or a physician or psychologist if the authorized provider determines that the assessment, social history, or record is valid.
(d) If the person is indigent, the determination of an intellectual disability shall be performed at the department's expense by an authorized provider.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 6, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 883 (H.B. 807), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1426, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1427, eff. April 2, 2015.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle D - Persons With an Intellectual Disability Act
Chapter 593 - Admission and Commitment to Intellectual Disability Services
Subchapter A. General Provisions
Section 593.002. Consent Required
Section 593.003. Requirement of Determination of an Intellectual Disability
Section 593.004. Application for Determination of an Intellectual Disability
Section 593.005. Determination of an Intellectual Disability
Section 593.007. Notification of Certain Rights
Section 593.008. Administrative Hearing
Section 593.009. Hearing Report; Final Decision
Section 593.011. Fees for Services
Section 593.012. Absent Without Authority
Section 593.013. Requirement of Interdisciplinary Team Recommendation