NAC435.400. Qualifications of person with mental retardation.

     1. A parent or other relative of a person with mental retardation is eligible for assistance pursuant to NAC 435.400 to 435.430, inclusive, if the person with mental retardation:

     (a) Has severe or profound mental retardation or is under 6 years of age and has developmental delays requiring support equivalent to the support required by a person with severe or profound mental retardation; and

     (b) Meets the financial requirements for fee reduction established by the Division pursuant to NRS 433.404 and 435.115.

     2. The Division will consider the person to have profound or severe mental retardation within the meaning of NRS 435.365 if:

     (a) A psychological examiner diagnoses the person as having profound or severe mental retardation based on the results obtained by generally accepted methods for assessing the intellectual capability and coping or adaptive skills of the person; or

     (b) The person is under 6 years of age and a multidisciplinary team identifies him or her as having developmental delays that require support that is equivalent to the support required by a person with profound or severe mental retardation.

     3. The diagnosis required by subsection 2 must be made in accordance with the criteria set forth in Mental Retardation: Definition, Classification and Systems of Support, 9th edition, 1992. A copy of the publication may be obtained from the American Association on Mental Retardation, 444 North Capitol Street, N.W., Washington, D.C. 20001-1512, for the price of $65, plus $4 for shipping and handling.

     4. As used in this section:

     (a) “Multidisciplinary team” means a psychological examiner and one or more other persons, including a parent, legal guardian, clinician, educator, physician, social worker, therapist, case manager or nurse of a person with mental retardation, who, because of personal or specialized knowledge, are qualified to provide or interpret information relating to the person’s cognitive, physical, psychological, language, speech and social development or self-help skills.

     (b) “Psychological examiner” means a psychologist who is licensed in this State or any other person who, because of specialized training and knowledge, including any training and knowledge required to assess the intellectual capabilities or an impairment of the adaptive behavior of a person, is qualified to diagnose a person as having:

          (1) Profound or severe mental retardation; or

          (2) Developmental delays that require support that is equivalent to the support required by a person with profound or severe mental retardation.

     [Men. Hygiene & Men. Retardation Div., Financial Assistance § 1, eff. 8-21-81]—(NAC A by R130-97, 12-12-97)