(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.
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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 |