Texas Code of Criminal Procedure - Article 46C.102. Experts: Qualifications
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Art. 46C.102. EXPERTS: QUALIFICATIONS. (a) The court may
appoint qualified psychiatrists or psychologists as experts under
this chapter. 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) at least five years of experience in performing
criminal forensic evaluations for courts; and
(iii) 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 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 2005, 79th Leg., ch. 831, Sec. 2, eff. Sept. 1, 2005.
Article: 46B.151 46B.171 46C.001 46C.002 46C.051 46C.052 46C.101 46C.102 46C.103 46C.104 46C.105 46C.106 46C.107 46C.151 46C.152
Last modified: August 11, 2007
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