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This entry was published on 2014-09-22
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SECTION 15.05
Examining physician or psychologist and medical certificate
Mental Hygiene (MHY) CHAPTER 27, TITLE C, ARTICLE 15
§ 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.