N.Y. MHY Law § 15.27 — New York Code / Act MHY / Title C / Article 15 / Section 15.27
Involuntary admission on medical certification
Status: in_force

§ 15.27 Involuntary admission on medical certification.\n  (a) The commissioner may receive and retain in a school, as a resident\nany person alleged to have a developmental disability and be in need of\ninvoluntary care and treatment upon the certificates of two examining\nphysicians or of one examining physician and one certified psychologist,\naccompanied by an application for the admission of such person. The\nexamination may be conducted jointly but each examiner shall execute a\nseparate certificate.\n  (b) Such application must have been executed within six months prior\nto such admission. It may be executed by any one of the following:\n  1. any person with whom the person alleged to have a developmental\ndisability resides.\n  2. the father or mother, husband or wife, brother or sister, or the\nchild of any such person or the nearest available relative.\n  3. the committee of such person or his judicially appointed guardian.\n  4. an officer of any well recognized charitable institution or agency\nor home including but not limited to the superintendent of a\ncorrectional facility, as such term is defined in paragraph (a) of\nsubdivision four of section two of the correction law, in whose\ninstitution the person alleged to have a developmental disability\nresides.\n  5. the director of community services or social services official, as\ndefined in the social services law, of the city or county in which any\nsuch person may be.\n  6. the director of the facility in which the resident resides.\n  7. the director of the division for youth, acting in accordance with\nthe provisions of section five hundred nine of the executive law.\n  (c) Such application shall contain a statement of the facts upon which\nthe allegation of developmental disability and need for care and\ntreatment are based and shall be executed under penalty of perjury but\nshall not require the signature of a notary public thereon.\n  (d) Before an examining physician or certified psychologist completes\nthe certificate of examination of a person for involuntary care and\ntreatment, he shall consider alternative forms of care and treatment\nthat might be adequate to provide for the person's needs without\nrequiring involuntary care and treatment. If the examining physician or\ncertified psychologist knows that the person he is examining for\ninvoluntary care and treatment has been under prior treatment, he shall,\ninsofar as possible, consult with the physician or psychologist\nfurnishing such prior treatment prior to completing his certificate.\nNothing in this section shall prohibit or invalidate any involuntary\nadmission made in accordance with the provisions of this chapter.\n  (e) The director of the school where such person is brought shall\ncause such person to be examined forthwith by a staff physician of such\nschool other than the original examining physicians or certified\npsychologist whose certificate or certificates accompanied the\napplication and, if such person is found to be in need of involuntary\ncare and treatment, he may be admitted thereto as a resident as herein\nprovided.\n  (f) Following admission to a school, no resident may be sent to\nanother school by any form of involuntary admission unless the mental\nhygiene legal service has been given notice thereof.\n