Texas Code of Criminal Procedure - Article 46B.022. Experts: Qualifications
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Art. 46B.022. EXPERTS: QUALIFICATIONS. (a) To qualify for
appointment under this subchapter as an expert, a psychiatrist or
psychologist must:
(1) as appropriate, be a physician licensed in this state or
be a psychologist licensed in this state who has a doctoral degree
in psychology; and
(2) have the following certification or experience or
training:
(A) as appropriate, certification by:
(i) the American Board of Psychiatry and Neurology with
added or special qualifications in forensic psychiatry; or
(ii) the American Board of Professional Psychology in
forensic psychology; or
(B) experience or training consisting of:
(i) at least 24 hours of specialized forensic training
relating to incompetency or insanity evaluations;
(ii) for an appointment made before January 1, 2005, at
least five years of experience before January 1, 2004, in
performing criminal forensic evaluations for courts; or
(iii) for an appointment made on or after January 1, 2005,
at least five years of experience before January 1, 2004, in
performing criminal forensic evaluations for courts and eight or
more hours of continuing education relating to forensic
evaluations, completed in the 12 months preceding the appointment
and documented with the court.
(b) In addition to meeting qualifications required by
Subsection (a), to be appointed as an expert a psychiatrist or
psychologist must have completed six hours of required continuing
education in courses in forensic psychiatry or psychology, as
appropriate, in either of the reporting periods in the 24 months
preceding the appointment.
(c) A court may appoint as an expert a psychiatrist or
psychologist who does not meet the requirements of Subsections (a)
and (b) only if exigent circumstances require the court to base the
appointment on professional training or experience of the expert
that directly provides the expert with a specialized expertise to
examine the defendant that would not ordinarily be possessed by a
psychiatrist or psychologist who meets the requirements of
Subsections (a) and (b).
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Article: 46B.008 46B.009 46B.010 46B.011 46B.012 46B.013 46B.021 46B.022 46B.023 46B.024 46B.025 46B.026 46B.027 46B.051 46B.052
Last modified: August 11, 2007
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