South Dakota statute
SDCL § 23A-46-1 — Conduct of psychiatric or psychological examination--Appointment of examiners--Additional examiners--Commitment for examination
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 46: Mental Examinations And Hearings, South Dakota Codified Laws.
Full text of SDCL § 23A-46-1
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
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.
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