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RULE §551.2Scope

(a) The purpose of this chapter is to promote public health, safety, and welfare by providing for the development, establishment, and enforcement of standards for the provision of services to individuals residing in intermediate care facilities for persons with an intellectual disability or a related condition.

(b) The term "facility serving persons with an intellectual disability or related conditions," when used in this chapter, means an establishment or home that provides food, shelter, and treatment or services to four or more persons who are unrelated to the owner; is primarily for the diagnosis, treatment, or rehabilitation of persons with an intellectual disability or related conditions; and provides in a protected setting continuous evaluation, planning, 24-hour supervision, and coordination and integration of health or rehabilitative services to help each resident function at the resident's greatest ability.

  (1) A person receiving services in a facility serving persons with an intellectual disability or related conditions must have a diagnosis of an intellectual disability or a related condition as defined under paragraph (2) of this subsection. Facilities serving persons with other developmental disabilities as a primary diagnosis do not fall under the scope of these standards.

  (2) The term "related condition" means a severe, chronic disability that meets all the following conditions:

    (A) a condition attributable to:

      (i) cerebral palsy or epilepsy; or

      (ii) any other condition including autism, but excluding mental illness, found to be closely related to an intellectual disability because this condition results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with an intellectual disability and requires treatment or services similar to those required for these persons;

    (B) a condition manifested before the person reaches age 22 years;

    (C) a condition likely to continue indefinitely; and

    (D) a condition that results in substantial functional limitations in three or more of the following areas of major life activity:

      (i) self-care;

      (ii) understanding and use of language;

      (iii) learning;

      (iv) mobility;

      (v) self-direction; and

      (vi) capacity for independent living.

(c) This chapter does not apply to an establishment that:

  (1) provides training, habilitation, rehabilitation, or education to individuals with an intellectual disability or a related condition; is operated under the jurisdiction of a state or federal agency; and is certified through inspection or evaluation as meeting the standards established by the state or federal agency; or

  (2) is conducted by or for the adherents of a well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend exclusively on prayer or spiritual means for healing, without the use of any drug or material remedy, if the establishment complies with safety, sanitary, and quarantine laws and rules.

Source Note: The provisions of this §551.2 adopted to be effective August 31, 1993, 18 TexReg 2557; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective May 1, 1995, 20 TexReg 1659; amended to be effective May 1, 1998, 23 TexReg 4060; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787

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