(a) To designate an employee or contractor of the LIDDA or SSLC who is not a licensed psychologist or physician as a certified authorized provider, a LIDDA or SSLC may submit a request to HHSC, in accordance with HHSC procedures, available on the HHSC website.

(b) A level I certified authorized provider must:

(1) be a current employee of the LIDDA or SSLC;

(2) be: (A) a provisionally licensed psychologist; (B) a licensed psychological associate (LPA), other than an LPA authorized to practice independently (LPA-IP); (C) a licensed specialist in school psychology (LSSP); or (D) recognized as a certified authorized provider prior to September 1, 2013 as provided per written approval by Texas Department of Mental Health and Mental Retardation (TDMHMR) or Department of Aging and Disability Services (DADS) prior to September 1, 2013, to conduct a Determination of Mental Retardation (DMR) or DID;

(3) have supervised experience or successful completion of graduate course work in assessing intellectual and adaptive behavior for individuals with an ID or developmental disability; and

(4) have one year of employment, internship, or practicum in the field of ID.

(c) A level II certified authorized provider:

(1) must be employed by or contracting with the LIDDA or SSLC;

(2) must be a psychological associate licensed to practice in Texas who is authorized to practice independently in accordance with 22 TAC §463.8 (relating to Licensed Psychological Associate);

(3) must have supervised experience or successful completion of graduate course work in assessing intellectual and adaptive behavior for individuals with an ID or developmental disability; and

(4) must have one year of employment, internship, or practicum in the field of ID.

(d) A certified authorized provider is permitted to conduct a DID in accordance with this chapter only while functioning as an employee or contractor of the requesting LIDDA or SSLC, as applicable.

(e) HHSC may, at any time, revoke a person's designation as a certified authorized provider.

Source Note: The provisions of this §304.302 adopted to be effective November 30, 2021, 46 TexReg 8062