Certificates

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    (a)    (1)    A certificate for involuntary admission of an individual under this part shall:

            (i)    Be based on the personal examination of the physician, psychologist, or psychiatric nurse practitioner 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)    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)    A certificate may not be used for an admission if the physician, psychologist, or psychiatric nurse practitioner 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.


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