Tenn. Comp. R. & Regs. 0940-03-03-.03 - EVALUATION OF AND EXPERT TESTIMONY ON COMPETENCE TO STAND TRIAL UNDER T.C.A. TITLE 33, CHAPTER 7, PART 3

(1) Persons performing mental health evaluations and/or providing expert witness testimony to determine competence to stand trial under T.C.A. Title 33, Chapter 7, Part 3 shall:

(a) Meet the qualification requirements specified in Rule 0940-03-03-.03(2)(a)-(h);

(b) Be certified as a forensic evaluator as described in Rule 0940-03-03-.02; and

(c) Participate in the assessment of the defendant.

(2) A person with any of the following qualifications may seek certification to determine competence to stand trial:

(a) A physician licensed in the State of Tennessee with expertise in psychiatry as determined by training, education, or experience;

(b) A psychologist licensed in Tennessee with health service provider designation;

(c) A psychological examiner licensed in Tennessee with health service provider designation;

(d) A master's social worker licensed in Tennessee under the supervision of a clinical social worker licensed in Tennessee;

(e) A clinical social worker licensed in Tennessee;

(f) A nurse clinical specialist licensed to practice nursing in Tennessee who has earned a master's degree in psychiatric nursing;

(g) A professional counselor licensed in Tennessee;

(h) A person who has received a master's degree or its equivalent, in a human service or behavioral science related field, and who has completed at least one year of practical forensic experience under the supervision of a certified forensic evaluator subject to review and approval by the Director of the Office of Forensic Services of TDMHSAS.

(3) All notices of recommendations to the court for an inpatient evaluation under T.C.A. § 33-7-301(a) shall be signed by either a physician licensed in the State of Tennessee with expertise in psychiatry as determined by training, education, or experience or a psychologist licensed in Tennessee with health service provider designation. The physician or psychologist signing the notice of recommendations to the court shall have participated in the assessment of the defendant.

Notes

Tenn. Comp. R. & Regs. 0940-03-03-.03

Original rule filed October 17, 1978; effective December 1, 1978. Repealed by Public Chapter 969; effective July 1, 1984. Repeal and new rule filed March 11, 2010; effective June 9, 2010. Administrative corrections made to agency names in December 2022 pursuant to Public Chapter 575 of 2012. Amendments filed January 30, 2023; effective 4/30/2023.

Authority: T.C.A. §§ 4-4-103, 33-1-201, 33-1-202, 33-1-203, 33-1-204, 33-1-302, 33-1-305, and Title 33, Chapter 7.