(a) In conducting a DID, an authorized provider employed by or contracting with a LIDDA or SSLC must:
  (1) adhere to the Determination of Intellectual Disability (DID): Best Practice Guidelines, available on the HHSC website;
  (2) interview and observe the individual in-person or in real time using audio-visual technology; and
  (3) perform a diagnostic assessment that, at a minimum, includes:
    (A) a standardized measure of the individual's intellectual functioning using an appropriate test based on the characteristics of the individual;
    (B) a standardized measure of the individual's adaptive abilities and deficits reported as the individual's ABL;
    (C) a review of evidence supporting the origination of ID during the individual's developmental period, which includes but is not limited to, as available:
      (i) reports concerning the cause of the suspected ID;
      (ii) results of all relevant assessments;
      (iii) types of services the individual has received or is receiving;
      (iv) reports by other people, including the individual's family members and friends; and
      (v) educational records; and
    (D) a review of the individual's previous and current psychological and psychiatric treatments and diagnoses, as available.
(b) An authorized provider employed by or contracting with a LIDDA or SSLC must conduct the interview and assessment described in subsection (a) of this section using diagnostic techniques and appropriate accommodations adapted to the individual's age; cultural background; ethnic origins; language; and physical, behavioral, or sensory capabilities.
(c) A previous diagnostic assessment, social history, or relevant record from another entity, including a school district, public or private agency, or another authorized provider, may be used to meet the requirements in subsection (a)(3)(A) or (a)(3)(B) of this section if the authorized provider employed by or contracting with the LIDDA or SSLC who is conducting the DID considers the assessment, social history, or relevant record to be a valid reflection of the individual's current level of functioning.

Source Note: The provisions of this §304.401 adopted to be effective November 30, 2021, 46 TexReg 8062