N.Y. Mental Hygiene Law § 15.05: Examining physician or psychologist and medical certificate

§ 15.05 Examining physician or psychologist and medical certificate.

(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.