§ 10-616. Certificates  


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  •    (a) Form. --

       (1) A certificate for involuntary admission of an individual under Part III of this subtitle shall:

          (i) Be based on the personal examination of the physician or psychologist who signs the certificate; and

          (ii) Be in the form that the Secretary adopts, by rule or regulation.

       (2) The rules and regulations shall require the form to include:

          (i) A diagnosis of a mental disorder of the individual;

          (ii) An opinion that the individual needs inpatient care or treatment; and

          (iii) An opinion that admission to a facility or Veterans' Administration hospital is needed for the protection of the individual or another.

    (b) Time limitations. -- A certificate may not be used for admission if the examination on which the certificate is made was done:

       (1) More than 1 week before the certificate is signed; or

       (2) More than 30 days before the facility or the Veterans' Administration hospital receives the application for admission.

    (c) Limitations on practitioners. -- A certificate may not be used for an admission if the physician or psychologist who signed the certificate:

       (1) Has a financial interest, through ownership or compensation, in a proprietary facility and admission to that proprietary facility is sought for the individual whose status is being certified; or

       (2) Is related, by blood or marriage, to the individual or to the applicant.


HISTORY: An. Code 1957, art. 59, § 12; 1982, ch. 21, § 2.