Sec. 593.005. DETERMINATION OF MENTAL RETARDATION  


Latest version.
  • (a) A physician or psychologist licensed to practice in this state or certified by the department shall perform the determination of mental retardation. The department may charge a reasonable fee for certifying a psychologist.

    (b) The physician or psychologist 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 physician or psychologist may use a previous assessment, social history, or relevant record from a school district, public or private agency, or another physician or psychologist if the physician or psychologist determines that the assessment, social history, or record is valid.

    (d) If the person is indigent, the determination of mental retardation shall be performed at the department's expense by a physician or psychologist licensed in this state or certified by the department.

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.