§ 20-48-101 — Definitions

As used in this chapter: (1) (A) "Accredited nonprofit entity" means a nonprofit entity that: (i) Has successfully completed an ongoing accreditation process that is related to the delivery of services to adults with developmental disabilities and is offered by a national accrediting organization; (ii) Satisfies the appropriate licensure criteria established by the Division of Developmental Disabilities Services; and (iii) Is positioned to provide nonresidential services to adults with developmental disabilities upon licensure by the division when no existing nonprofit community program is interested in providing the specific category of nonresidential services to adults with developmental disabilities that have been identified by the division as underserved. (B) As used in subdivision (1)(A)(i) of this section, "national accrediting organization" includes without limitation: (i) The CARF International; or (ii) Any other similar national accrediting organization recognized by the division; (2) "Existing operations" means the provision by a qualified community provider of one (1) or more of the following services without regard to order: (A) A licensed early intervention day treatment program or adult developmental day treatment program; (B) A licensed developmental disability services group home in operation and recognized by the division on or before July 1, 1995; (C) An intermediate care facility for individuals with intellectual disabilities that has fifteen (15) beds or fewer; or (D) An apartment complex in operation and serving individuals with developmental disabilities on or before January 1, 2008; (3) "Human development center" means an institution maintained for the care and training of persons with developmental disabilities; (4) "Intellectual and developmental disability" means a chronic disability of an individual that: (A) Is attributable to a diagnosis of one (1) of the following: (i) Cerebral palsy, as established by the results of a medical examination by the individual's primary care provider or a licensed physician; (ii) Epilepsy, as established by the results of a neurological examination by the individual's primary care provider or a licensed physician; (iii) Spina bifida, as established by the results of a medical examination by the individual's primary care provider or a licensed physician; (iv) Down syndrome, as established by the results of a medical examination by the individual's primary care provider or a licensed physician; (v) Autism spectrum disorder, as established under § 20-77-124 ; (vi) Intellectual disability, as established by a full-scale standard intelligence score of seventy (70) or below, measured by a standard test designed for individual administration that is administered by a qualified professional; or (vii) Any other condition that results in impairment of general intellectual functioning or adaptive behavior similar to an individual qualifying under subdivision (4)(A)(vi) of this section; (B) Originates before the person attains twenty-two (22) years of age; (C) Has continued or can be expected to continue indefinitely; and (D) Constitutes a substantial impairment to the person's ability to function without appropriate support services, including without limitation: (i) Daily living and social activities; (ii) Medical services; (iii) Job training; and (iv) Employment; (5) (A) "Nonprofit community program" means a program that provides only nonresidential services to persons with developmental disabilities or provides nonresidential and residential services to persons with developmental disabilities and is licensed by the division. (B) A nonprofit community program serves as a quasi-governmental instrumentality of the state by providing support and services to persons who have a developmental disability or delay and would otherwise require support and services through state-operated programs and facilities; and (6) (A) "Qualified nonprofit community program" means a nonprofit community program that holds a valid nonprofit community program license issued by the division. (B) "Qualified nonprofit community program" includes: (i) A nonprofit community program that holds a license that was issued by the division on or before February 1, 2007; and (ii) An accredited nonprofit entity that is awarded a license as a nonprofit community program by the division after February 1, 2007.

Legislative History

Amended by Act 2023, No. 214,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 1035,§ 17, eff. 7/24/2019. Amended by Act 2013, No. 1017,§ 2, eff. 7/1/2013. Acts 1981, No. 513, § 1; A.S.A. 1947, § 59-1018; Acts 1993, No. 729, § 1; 2007, No. 645, § 1; 2011, No. 68, § 2.