2006 New York Code - Involuntary Admission On Medical Certification.

 
  § 15.27 Involuntary admission on medical certification.
    (a)  The  director  of  a  school  may receive and retain therein as a
  resident any person alleged to be  mentally  retarded  and  in  need  of
  involuntary  care  and  treatment upon the certificates of two examining
  physicians or of one examining physician and one certified psychologist,
  accompanied by an application for the  admission  of  such  person.  The
  examination  may  be conducted jointly but each examiner shall execute a
  separate certificate.
    (b) Such application must have been executed within six  months  prior
  to such admission. It may be executed by any one of the following:
    1.  any  person  with  whom the person alleged to be mentally retarded
  resides.
    2. the father or mother, husband or wife, brother or  sister,  or  the
  child of any such person or the nearest available relative.
    3. the committee of such person or his judicially appointed guardian.
    4.  an officer of any well recognized charitable institution or agency
  or home in whose institution the person alleged to be mentally  retarded
  resides.
    5.  the director of community services or social services official, as
  defined in the social services law, of the city or county in  which  any
  such person may be.
    6. the director of the facility in which the resident resides.
    7.  the  director of the division for youth, acting in accordance with
  the provisions of section five hundred nine of the executive law.
    (c) Such application shall contain a statement of the facts upon which
  the allegation of mental retardation and need for care and treatment are
  based and shall be executed under  penalty  of  perjury  but  shall  not
  require the signature of a notary public thereon.
    (d)  Before an examining physician or certified psychologist completes
  the certificate of examination of a  person  for  involuntary  care  and
  treatment,  he  shall  consider  alternative forms of care and treatment
  that might be  adequate  to  provide  for  the  person's  needs  without
  requiring  involuntary care and treatment. If the examining physician or
  certified psychologist  knows  that  the  person  he  is  examining  for
  involuntary care and treatment has been under prior treatment, he shall,
  insofar   as  possible,  consult  with  the  physician  or  psychologist
  furnishing such prior treatment prior  to  completing  his  certificate.
  Nothing  in  this  section  shall prohibit or invalidate any involuntary
  admission made in accordance with the provisions of this chapter.
    (e) The director of the school where  such  person  is  brought  shall
  cause  such person to be examined forthwith by a staff physician of such
  school  other  than  the  original  examining  physicians  or  certified
  psychologist   whose   certificate   or   certificates  accompanied  the
  application and, if such person is found to be in  need  of  involuntary
  care  and  treatment, he may be admitted thereto as a resident as herein
  provided.
    (f) Following admission to a  school,  no  resident  may  be  sent  to
  another  school  by  any form of involuntary admission unless the mental
  hygiene legal service has been given notice thereof.