N.Y. Mental Hygiene Law 15.05 – Examining physician or psychologist and medical certificate
§ 15.05 Examining physician or psychologist and medical certificate.
Terms Used In N.Y. Mental Hygiene Law 15.05
- commissioner: means the head of the office for people with developmental disabilities. See N.Y. Mental Hygiene Law 13.03
- Trustee: A person or institution holding and administering property in trust.
(a) A person is disqualified from acting as an examining physician or psychologist in the following cases:
1. if he is a relative of the person applying for the admission or of the person alleged to have a developmental disability.
2. if he is a manager, trustee, visitor, proprietor, officer, director, or stockholder of the school in which the resident resides or to which it is proposed to admit such person, except as otherwise provided in this chapter, or if he has any pecuniary interest, directly or indirectly, in such school, provided that receipt of fees, privileges, or compensation for treating or examining patients in such school shall not be deemed to be such a pecuniary interest.
3. if he is on the staff of a proprietary facility to which it is proposed to admit such person.
(b) A certificate, as required by this article, must show that the person has a developmental disability and shall be based on an examination of the person alleged to have a developmental disability made within six months prior to the date of admission. The date of the certificate shall be the date of such examination. All certificates shall contain the facts and circumstances upon which the judgment of the examiners is based and shall show that the condition of the person examined is such that he needs care or treatment in a school and such other information as the commissioner may by regulation require.