* § 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.

* NB Effective until August 7, 2025
* § 9.05 Examining physicians, examining psychiatric nurse practitioners

and medical certificates.

(a) A person is disqualified from acting as an examining physician or
examining psychiatric nurse practitioner in the following cases:

1. if they are a relative of the person applying for the admission or
of the person alleged to be mentally ill.

2. if they are 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 they have 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 they are 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 physician or psychiatric nurse
practitioner is based and shall show that the condition of the person
examined is such that they need involuntary care and treatment in a
hospital and such other information as the commissioner may by
regulation require.

* NB Effective August 7, 2025