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ALTHOUGH THE INITIAL INVOLUNTARY ADMISSION OF A MENTALLY ILL PATIENT REQUIRES CERTIFICATION BY LICENSED PHYSICIANS, A NURSE PRACTITIONER IS COMPETENT TO TESTIFY AT THE SUBSEQUENT RETENTION HEARING (SECOND DEPT).

The Second Department, in a full-fledged opinion by Justice Love, determined that, at a hearing pursuant to Mental Hygiene law sections 9.31 and 9.33 to retain an involuntary patient, the petitioner can rely on the testimony of a nurse practitioner. The controlling statute does not require the testimony of a licensed physician:

Mental Hygiene Law § 9.27 et seq. establishes the procedure for the involuntary admission and retention of patients alleged to be mentally ill in a hospital. Pursuant to that section, a patient may be initially involuntarily admitted to a hospital upon the certification of two examining physicians, which must then be confirmed by a third physician who is a member of the psychiatric staff of that hospital … . A question of first impression before this Court on this appeal is whether, at a hearing held pursuant to Mental Hygiene Law §§ 9.31 and 9.33 to retain an involuntary patient, the petitioner must furnish the testimony of a licensed physician rather than a nurse practitioner. * * *

There is no support in the statute or any related regulations for the proposition that the petitioner must establish its prima facie burden through physician testimony. Moreover, it reasonably can be argued that requiring the testimony of a physician, who may have comparably less knowledge of a specific patient’s mental condition compared to an experienced nurse practitioner who interacts extensively with that patient, would be a disservice to the court and the parties. The court, hearing the testimony and evidence in its totality, is in the best position to determine the value and credibility of a witness in determining these matters. Accordingly, we conclude that a nurse practitioner is competent to testify at a hearing held pursuant to Mental Hygiene Law §§ 9.31(c) and 9.33(c). Matter of Raymond E., 2025 NY Slip Op 04006, Second Dept 7-2-25

Practice Point: A nurse practitioner is competent to testify at a retention hearing pursuant to Mental Hygiene Law section 9.31 and 9.33.

 

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