2-003.01 Incapable of Indicating Intent

469 NAC 2-003.01

For purposes of this section, an individual is considered incapable of indicating intent if:

1. His/her I.Q. is 49 or less or s/he has a mental age of 7 or less, based on tests acceptable to the mental retardation agency in the state;

2. S/he is judged legally incompetent; or

3. Medical documentation obtained from a physician, psychologist, or other person licensed by the state in the field of mental retardation, or other documentation acceptable to the state, supports a finding that s/he is incapable of indicating intent.