14- 197 C.M.R. ch. 3, § 2

Current through 2024-46, November 13, 2024
Section 197-3-2 - POLICY STATEMENT ON PERVASIVE DEVELOPMENTAL DISORDERS

The Office uses the definition of autism codified in 34-B MRSA §6002. Autism refers to a developmental disorder characterized by a lack of responsiveness to other people, gross impairment in communicative skills and unusual responses to various aspects of the environment, all usually developing within the first 30 months of age. In addition, for purposes of this rule, an adult person with autism is one:

1. Whose diagnosis, as defined in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (American Psychiatric Association) is within the category of Pervasive Developmental Disorders, including Autistic Disorder, Rett's Disorder, Childhood Disintegrative Disorder, Asperger's Disorder, or Pervasive Developmental Disorder, Not Otherwise Specified; and manifested during the developmental period, (Developmental period is defined as age eighteen (18) years or younger).and
2. Who has been assessed as having an adaptive behavior score at least two standard deviations below the mean as measured by an adaptive behavior scale as described below. The office will require an adaptive behavioral scale test that has been completed within two years of the date of eligibility determination and reserves the right to request further testing.
3. 2. 1. Assessment Tools. Only the following assessment tools shall be used to determine a person's adaptive behavior score: Adaptive Behavior Assessment System (2d ed., known as ABAS-II), the Vineland Adaptive Behavior Scales (2d ed., known as Vineland-II), or other substantially similar assessment tool as approved by the Office. Adaptive behavior shall be assessed using one of these tools in the context of a clinical interview where, as deemed clinically necessary, the examiner is able to evaluate responses from one or more participants in the testing environment. Testing must occur in the least restrictive setting available.
3. 2. 2. Assessment Process. The intake process described in 34-B MRSA §5467 shall be followed. In addition, as part of the assessment process, the office will establish an advisory committee whose members shall be appointed by the Office Director as follows:
1. One member who is a employee of the Office of Adults with Cognitive and Physical Disabilities who shall act as the committee chair;
2. One member who is not an employee of the Department and is a psychologist who has a working background in the testing and treatment of Pervasive Developmental Disorders, is licensed to practice in Maine and meets the requirements to perform a comprehensive evaluation as set out in 34-B MRSA §5468; and
3. One member who is not an employee or provider with the department for any other service, is a professional with knowledge of clinical evaluation standards, testing protocols and eligibility criteria and has a working background in the testing and treatment of Pervasive Developmental Disorders.

When requested by the office, this committee shall render an opinion, at any time, on an application for eligibility by reviewing the complete record, including the intake record, and all evaluation and test results. The committee may request additional information or testing. The committee may provide opinions or concerns regarding the tests and evaluations reviewed. The committee shall provide its opinions in a written report to the office.

14- 197 C.M.R. ch. 3, § 2