N.Y. Mental Hygiene Law Section 9.05
Examining physicians and medical certificates

(a)

A person is disqualified from acting as an examining physician in the following cases:

1.

if he is a relative of the person applying for the admission or of the person alleged to be mentally ill.

2.

if he is a manager, trustee, visitor, proprietor, officer, director, or stockholder of the hospital in which the patient is hospitalized 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 hospital, provided that receipt of fees, privileges, or compensation for treating or examining patients in such hospital shall not be deemed to be 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 is mentally ill and shall be based on an examination of the person alleged to be mentally ill made within ten days 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 physicians is based and shall show that the condition of the person examined is such that he needs involuntary care and treatment in a hospital and such other information as the commissioner may by regulation require.

Source: Section 9.05 — Examining physicians and medical certificates, https://www.­nysenate.­gov/legislation/laws/MHY/9.­05 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

9.01
Definitions 9.03
Admission to a hospital 9.05
Examining physicians and medical certificates 9.07
Notice to all patients of their rights and of the availability of the mental hygiene legal service 9.09
Notices to mental hygiene legal service concerning minors 9.11
Patients’ records 9.13
Voluntary admissions 9.15
Informal admissions 9.17
Voluntary and informal admissions 9.19
Voluntary and informal admissions 9.21
Voluntary and informal admissions 9.23
Voluntary and informal admissions 9.25
Voluntary and informal admissions 9.27
Involuntary admission on medical certification 9.29
Involuntary admission on medical certification 9.31
Involuntary admission on medical certification 9.33
Court authorization to retain an involuntary patient 9.35
Review of court authorization to retain an involuntary patient 9.37
Involuntary admission on certificate of a director of community services or his designee 9.39
Emergency admissions for immediate observation, care, and treatment 9.40
Emergency observation, care and treatment in comprehensive psychiatric emergency programs 9.41
Emergency assessment for immediate observation, care, and treatment 9.43
Emergency assessment for immediate observation, care, and treatment 9.45
Emergency assessment for immediate observation, care, and treatment 9.46
Reports of substantial risk or threat of harm by mental health professionals 9.47
Duties of local officers in regard to their persons with a mental illness 9.48
Duties of directors of assisted outpatient treatment programs 9.49
Transfer of juvenile delinquents 9.51
Residential treatment facilities for children and youth 9.53
Children in the custody of social services officials or the division for youth 9.55
Emergency admissions for immediate observation, care and treatment 9.57
Emergency admissions for immediate observation, care and treatment 9.58
Transport for evaluation 9.59
Immunity from liability 9.60
Assisted outpatient treatment 9.63
Transportation of persons to or between hospitals
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 9.05’s source at nysenate​.gov

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