(1)
A person has an intellectual disability if the person has a permanent impairment that—
results in significantly sub-average general intelligence; and
results in significant deficits in adaptive functioning, as measured by tests generally used by clinicians, in at least 2 of the skills listed in subsection (4); and
became apparent during the developmental period of the person.
(2)
Wherever practicable, a person’s general intelligence must be assessed by applying standard psychometric tests generally used by clinicians.
(3)
For the purposes of subsection (1)(a), an assessment of a person’s general intelligence is indicative of significantly sub-average general intelligence if it results in an intelligence quotient that is expressed—
as 70 or less; and
with a confidence level of not less than 95%.
(4)
The skills referred to in subsection (1)(b) are—
communication:
self-care:
home living:
social skills:
use of community services:
self-direction:
health and safety:
reading, writing, and arithmetic:
leisure and work.
(5)
For the purposes of subsection (1)(c), the developmental period of a person generally finishes when the person turns 18 years.
(6)
This section is subject to section 8.