23A-46-1. Conduct of psychiatric or psychological examination--Appointment of examiners--Additional examiners--Commitment for examination.
207 words·~1 min read·
/sd/title-23/chapter-23-46/23a-46-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A psychiatric or psychological examination ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, shall be conducted by:
(1)A licensed or certified psychiatrist;
(2)A licensed clinical psychologist;
(3)A certified social worker licensed for private independent practice with two years of supervised clinical experience in a mental health setting and with training on how to conduct and score competency evaluations;
(4)A certified nurse practitioner or clinical nurse specialist with current psychiatric certification and with training on how to conduct and score competency evaluations;
(5)A licensed professional counselor-mental health with training on how to conduct and score competency evaluations; or
(6)If the court finds it appropriate, by more than one examiner.
Each examiner shall be designated by the court, except that if the examination is ordered under § 23A-27-43 or 23A-46-9 , upon the request of the defendant an additional examiner may be selected by the defendant. For the purposes of an examination pursuant to an order under § 23A-10-4 , 23A-10A-3 , 23A-26-12.1 , 23A-27-43 , or 23A-46-9 , the court may commit the person to be examined for a reasonable period to the custody of a suitable facility.