1. (1) A forensic evaluator must meet the minimum qualifications under this section according to each discipline.

2. (2) An applicant for a forensic evaluator that possesses a Ph.D. or PsyD degree in clinical or counseling psychology shall meet the following requirements:

   1. (a) the doctoral program in which the applicant obtained their degree must be accredited by the American Psychological Association;
   2. (b) the official school transcripts for the degree under this Subsection (2) must verify completion of doctorate courses of study and graduation;
   3. (c) the applicant's experience in providing psychological or neuropsychological assessment as a licensed psychologist or training experience must be at least 2 years; and
   4. (d) the applicant must have completed at least 2000 hours of forensic evaluation experience.
3. (3) If an applicant does not meet the requirements in Subsection (2), they must be supervised initially by a forensic evaluator designated by the Department. This supervision will last a minimum of 1 year, and may be extended by the Department with cause.
4. (4) If an applicant has successfully completed a postdoctoral fellowship in forensic psychology recognized as meeting the experience waiver requirements by the American Board of Forensic Psychology, the requirement in Subsection R495-830-5(2)(d) has been met, but the applicant must still obtain certification as a forensic evaluator from DHS.

5. (5) An applicant for a forensic evaluator that is a psychiatrist with a M.D. or D.O. degree shall meet the following requirements:

   1. (a) the M.D. or D.O. degree must be accredited by the Council for Graduate Medical Education;
   2. (b) the official school transcripts for the degree under this Subsection (5) must verify completion of doctorate courses of study and graduation; and
   3. (c) the applicant must have has completed at least 2000 hours of forensic evaluation experience.
6. (6) An applicant that is certified by the American Board of Psychiatry and Neurology, Incorporated in forensic psychiatry is exempt from the requirements of Subsection (5).
7. (7) If an applicant does not meet the requirements in Subsection (5) or Subsection (6), they must be supervised initially by a forensic evaluator designated by the Department. This supervision shall last a minimum of 1 year, and may be extended by the Department with cause.

8. (8) An applicant for a forensic evaluator that possesses a LCSW license shall meet the following requirements:

   1. (a) the applicant possesses five years post licensure clinical evaluation and assessment experience as approved by the Department;
   2. (b) the official school transcripts for the LCSW license under Subsection (8) verify completion of master level courses of study and graduation; and
   3. (c) the applicant must have completed at least 2000 hours of forensic evaluation experience.

9. (9) If the applicant does not meet the requirements in Subsection (8), the applicant must participate in a probationary period of 2000 hours, including:

   1. (a) the applicant must be supervised by a forensic evaluator certified by the Department;
   2. (b) the applicant must ensure that each forensic evaluation they conduct is co-signed by a forensic evaluator certified by the Department;
   3. (c) the applicant may only conduct an evaluation when the individual being evaluated is an adult with a mental illness charged with a misdemeanor; and
   4. (d) the supervision shall last a minimum of 1 year, and may be extended by the Department with cause.
10. (10) Each applicant shall possess a current and unrestricted license to practice psychology, medicine, or mental health therapy in the state, or have a clear path to licensure as outlined by the Utah Division of Occupational and Professional Licensing.
11. (11) Each applicant must complete the forensic evaluator certification process under Subsection (12) required by the Department within the time period designated.

12. (12) The certification process required by the Department includes:

    1. (a) a certification exam;
    2. (b) initial and on-going training; and
    3. (c) initial and periodic peer-review of redacted work sample evaluations.

KEY: forensic evaluator, forensic evaluation, competency evaluation

Date of Enactment or Last Substantive Amendment: August 12, 2021

Authorizing, and Implemented or Interpreted Law: 77-15-6; 77-16a-103(2); 77-16a-301; 78A-6-1302