WSR 22-12-055
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed May 26, 2022, 11:11 a.m., effective June 26, 2022]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Developmental Disabilities Administration (DDA) amended this section to expand the list of professionals from whom DDA accepts a statement that a person's autism prevents the person from completing a full-scale intellectual quotient test. This final rule supersedes the CR-103E filed under WSR 22-07-039.
Citation of Rules Affected by this Order: Amending WAC 388-823-0510.
Adopted under notice filed as WSR 22-08-088 on May [April] 5, 2022.
A final cost-benefit analysis is available by contacting Chantelle Diaz, P.O Box 45310, Olympia, WA 98504-5310, phone 360-407-1500, fax 360-407-0955, TTY 1-800-833-6388, email Chantelle.Diaz@dshs.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: May 26, 2022.
Lisa N. H. Yanagida
Interim Chief of Staff
SHS-4905.3
AMENDATORY SECTION(Amending WSR 21-13-164, filed 6/23/21, effective 8/1/21)
WAC 388-823-0510What constitutes substantial limitation due to autism?
(1) To establish substantial limitation due to autistic disorder diagnosed under the DSM-IV-TR, you must have an adaptive skills test score more than two standard deviations below the mean as described in WAC 388-823-0740 and subject to all of WAC 388-823-0740 and WAC 388-823-0750.
(2) To establish substantial limitation due to autism spectrum disorder diagnosed under the DSM-5 you must:
(a) Have an adaptive-skills test score more than two standard deviations below the mean as described in WAC 388-823-0740 and subject to WAC 388-823-0740 and WAC 388-823-0750; and
(b) Have either:
(i) A full-scale intellectual quotient (FSIQ) score more than one standard deviation below the mean as described in WAC 388-823-0720 and subject to WAC 388-823-0720 and WAC 388-823-0730; or
(ii) A written statement from a ((professional)) qualified ((to administer intellectual tests stating))professional that your autism prevents you from completing ((the))FSIQ testing. "Qualified professional" means:
(A) Board-certified neurologist;
(B) Board-certified psychiatrist;
(C) Licensed psychologist;
(D) Licensed physician associated with an autism center, developmental center, or center of excellence;
(E) Board-certified developmental and behavioral pediatrician; or
(F) Washington certified school psychologist or other school psychologist certified by the National Association of School Psychologists.