South Dakota Codified Laws
Chapter 46 - Mental Examinations And Hearings
Section 23A-46-1 - Conduct of psychiatric or psychological examination--Appointment of examiners--Additional examiners--Commitment for examination.

23A-46-1. Conduct of psychiatric or psychological examination--Appointment of examiners--Additional examiners--Commitment for examination.
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.

Source: SL 1985, ch 192, §30; SL 2017, ch 109, §18.

Structure South Dakota Codified Laws