(1) If a person is a licensed psychologist designated as a health service provider by the board of healing arts and is actively practicing as such, the person may take any action authorized and perform any duty imposed on a physician by §§ 33-6-401 — 33-6-406.
(2) The commissioner may designate a person to take any action authorized and perform any duty imposed on a physician by §§ 33-6-401 — 33-6-406 to the extent the duties are within the scope of practice of the profession in which the person is licensed or certified, if the person: Is a qualified mental health professional under § 33-1-101 or is a licensed physician assistant with a master's degree and expertise in psychiatry as determined by the department based upon training, education or experience;
(3) Is licensed or certified to practice in the state if required for the discipline; and
(4) Satisfactorily completes a training program approved and provided by the department on emergency commitment criteria and procedures.
(5) Subsection (b) does not affect any property right of an employee of the state while the person is acting in the person's capacity as employee of the state.