SECTION 5.161. Certified Authorized Provider

(a) A LIDDA or SSLC may apply for an employee of the LIDDA or SSLC who is not a licensed psychologist or physician to be designated as a certified authorized provider by submitting:

(1) a request for designation as a certified authorized provider to DADS commissioner or designee as described at www.dads.state.tx.us; and

(2) the following documentation:

(A) for an employee who is not designated as a certified authorized provider or a TDMHMR-certified psychologist as the employee of another LIDDA or SSLC, documentation of the employee's:

(i) current employment with the requesting LIDDA or SSLC;

(ii) current licensure as:

(I) a provisionally licensed psychologist;

(II) a licensed psychological associate (LPA); or

(III) a licensed specialist in school psychology (LSSP);

(iii) successful completion of graduate course work in individual intellectual assessment;

(iv) supervised experience or successful completion of graduate course work in adaptive behavior assessment; and

(v) one year of employment, internship, or practicum in the field of intellectual disability; or

(B) for an employee who is designated as a certified authorized provider or a TDMHMR-certified psychologist as the employee of another LIDDA or SSLC:

(i) documentation of the employee's current employment with the requesting LIDDA or SSLC; and

(ii) a copy of the certificate designating the employee as a certified authorized provider or a TDMHMR-certified psychologist issued before November 15, 2015.

(b) The DADS commissioner or designee reviews the documentation submitted in accordance with subsection (a) of this section.

(1) If the employee is approved, DADS commissioner or designee issues a certificate designating the employee as a certified authorized provider of the requesting LIDDA or SSLC.

(2) If the employee is not approved, DADS commissioner or designee notifies the requesting LIDDA or SSLC of the determination and the reasons why.

(c) A certified authorized provider is permitted to conduct a diagnostic assessment in accordance with this subchapter only while functioning as an employee of the requesting LIDDA or SSLC.

(d) A person's designation as a certified authorized provider remains valid only if:

(1) the person remains employed by the requesting LIDDA or SSLC; and

(2) the person maintains active licensure status as described in subsection (a)(2)(A)(ii) of this section, unless the person has documentation to evidence the person was designated as a TDMHMR-certified psychologist before March 31, 2002.

(e) A LIDDA or SSLC that employs a certified authorized provider must ensure the designation of the certified authorized provider is valid in accordance with subsection (d) of this section.

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

Source Note: The provisions of this §5.161 adopted to be effective November 15, 2015, 40 TexReg 7823