1. (1) Persons performing mental health evaluations and/or providing expert witness testimony regarding mental condition at the time of the offense under Title 33, Chapter 7, Part 3 shall:

   1. (a) Meet the qualification requirements specified in Rule 0940-03-03-.04(2);
   2. (b) Be certified as a forensic evaluator as described in Rule 0940-03-03-.02; and
   3. (c) Participate in the assessment of the defendant.

2. (2) Mental health evaluations and expert testimony regarding mental condition at the time of the offense may be provided only by persons who meet the following minimum qualifications:

   1. (a) A physician licensed in Tennessee with expertise in psychiatry as determined by training, education or experience; or
   2. (b) A psychologist licensed in Tennessee with health service provider designation.

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. Administrative History: 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 Repealed by Public Chapter 969; effective July 1, 1984.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. Amendments filed January 30, 2023; effective April 30, 2023.