(a) With regard to the establishing and operating of the human development centers, the Board of Developmental Disabilities Services, in addition to the authorities, rights, and duties granted by this subchapter, shall continue to have all of its authorities, rights, and duties granted by existing law, which shall include, without limitation, the applicable provisions of § 20-48-401 et seq. and § 20-48-501 et seq., save only those instances where there are express inconsistencies, in which event the provisions of this subchapter shall control.

(b) (1) In this regard, admissions to the institutional facilities of the centers shall be on the basis of a determination by the board that:

(A) The individual involved is mentally retarded;

(B) His or her parent or guardian has resided in the state not less than three (3) years prior to the date of the filing of the petition for his or her admission, or the individual involved is a dependent and a public charge or ward of the state or a political subdivision thereof;

(C) The welfare of the individual involved requires the special care, training, or education provided by institutional facilities of the center; and

(D) The board has adequate funds and institutional facilities available for the care, training, or education of the individual.

(2) Also, the determination of whether an individual is mentally retarded shall be made after there has been an investigation which shall include an examination by an evaluation team appointed by the board. The team shall be composed of two (2) or more physicians, psychiatrists, psychologists, or other persons found by the board to be professionally qualified on the basis of training and experience in mental retardation services to make a determination as to whether the individual involved is mentally retarded.