Section 15.05. Examining physician or psychologist and medical certificate  


Latest version.
  • (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 be mentally retarded.
        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 is mentally retarded and shall be based on an examination of  the
      person  alleged  to be mentally retarded 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.