Section 9.05. Examining physicians and medical certificates  


Latest version.
  • (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.