10a NCAC 27H .0202      DEFINITIONS

For the purposes of Rules .0201 through .0207 of this Section, when a capacity evaluation is ordered by a Court to be conducted through the Local Management Entity-Managed Care Organization LME-MCO, the following terms shall have the meanings indicated:

(1)           "Forensic Evaluation" means an examination ordered by the court through the LME-MCO to determine the defendant's current mental state and whether the defendant has the capacity to proceed to trial.

(2)           "Licensed Clinician" means the same as defined in Rule 10A NCAC 27G .0104.

(3)           "Local Certified Forensic Evaluator" means a Licensed Clinician who:

(a)           has completed the training for certification and annual training seminars described in Rule .0204 of this Section;

(b)           is employed by an LME-MCO, if permitted pursuant to 122C-141(a), or under contract with, an LME-MCO as a Forensic Evaluator; and

(c)           is paid by the LME-MCO with public funds.

(4)           "Pre-Trial Evaluation Center" means the Forensic Services Unit located at Central Regional Hospital.


History Note:        Authority G.S. 15A‑1002; 122C-54; 122C-115.4(a); 122C-191(b); 143B-147;

Eff. July 1, 1982;

Amended Eff. January 1, 1996; May 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017;

Amended Eff. June 1, 2018.