9.05 - Examining physicians and medical certificates.

§ 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.