1. (a)

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

      1. (i) Be based on the personal examination of the physician, psychologist, psychiatric nurse practitioner, licensed certified social worker-clinical, or licensed clinical professional counselor who signs the certificate; and
      2. (ii) Be in the form that the Secretary adopts, by rule or regulation.

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

      1. (i) A diagnosis of a mental disorder of the individual;
      2. (ii) An opinion that the individual needs inpatient care or treatment; and
      3. (iii) An opinion that admission to a facility or Veterans' Administration hospital is needed for the protection of the individual or another.

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

   1. (1) More than 1 week before the certificate is signed; or
   2. (2) More than 30 days before the facility or the Veterans' Administration hospital receives the application for admission.

3. (c) A certificate may not be used for an admission if the physician, psychologist, psychiatric nurse practitioner, licensed certified social worker-clinical, or licensed clinical professional counselor who signed the certificate:

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

Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 2015, c. 330, § 1, eff. Oct. 1, 2015; Acts 2016, c. 8, § 1, eff. March 14, 2016; Acts 2016, c. 241, § 1, eff. April 26, 2016; Acts 2021, c. 475, § 1, eff. Oct. 1, 2021; Acts 2021, c. 476, § 1, eff. Oct. 1, 2021.

Formerly Art. 59, § 12.