South Dakota Codified Laws 23A-46-1. Conduct of psychiatric or psychological examination–Appointment ofexaminers–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;
Terms Used In South Dakota Codified Laws 23A-46-1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(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.