Idaho Code § 66-323

66-323. designated examiner qualifications. (1) To be appointed and practice as a designated examiner, an applicant shall meet the qualifications required by this section.

(2) A designated examiner shall maintain professional licensure for the duration of the designated examiner's appointment and shall be one (1) of the following:

(a) A physician;

(b) A psychologist;

(c) An advanced practice registered nurse;

(d) A clinical professional counselor;

(e) A professional counselor;

(f) A clinical social worker;

(g) A social worker who holds a master's of social work degree;

(h) A marriage and family therapist;

(i) A physician assistant;

(j) A psychiatrist; or

(k) A psychiatric nurse.

(3) A designated examiner shall have at least two (2) years of post-degree experience in a clinical mental health setting and:

(a) Experience in the assessment of the likelihood of danger to self or others, grave disability, capacity to give informed consent, and capacity to understand legal proceedings;

(b) Experience in the use of appropriate diagnostic criteria;

(c) Experience in the treatment of mental health disorders, including knowledge of treatment modalities and experience applying treatment modalities in a clinical setting; and

(d) An understanding of the differences between behavior due to mental illness that poses a substantial threat or risk of serious harm to self or others or that may result in grave disability and behavior that does not represent such a threat or risk.

(4) A designated examiner shall have knowledge of and experience applying Idaho mental health law based on the training required pursuant to this section and:

(a) Experience that demonstrates understanding of the judicial process and the conduct of commitment hearings;

(b) Experience preparing reports for the court and testifying before a court of law and a demonstrated ability to provide the court with a complete oral and written evaluation that addresses the standards and questions set forth by law; and

(c) Knowledge of a client's legal rights.

(5) A designated examiner shall have completed a minimum of six (6) hours of training on the role of designated examiners and the processes used in fulfilling the responsibilities of designated examiners and a minimum of four (4) additional hours observing a designated examiner conducting a designated examination.

History:

[66-323, added 2025, ch. 110, sec. 16, p. 585.]