New York Laws
Article 730 - Mental Disease or Defect Excluding Fitness to Proceed
730.10 - Fitness to Proceed; Definitions.

(a) is a diplomate of the American board of psychiatry and neurology
or is eligible to be certified by that board; or,
(b) is certified by the American osteopathic board of neurology and
psychiatry or is eligible to be certified by that board.
6. "Certified psychologist" means a person who is registered as a
certified psychologist under article one hundred fifty-three of the
education law.
7. "Psychiatric examiner" means a qualified psychiatrist or a
certified psychologist who has been designated by a director to examine
a defendant pursuant to an order of examination.
8. "Examination report" means a report made by a psychiatric examiner
wherein he sets forth his opinion as to whether the defendant is or is
not an incapacitated person, the nature and extent of his examination
and, if he finds that the defendant is an incapacitated person, his
diagnosis and prognosis and a detailed statement of the reasons for his
opinion by making particular reference to those aspects of the
proceedings wherein the defendant lacks capacity to understand or to
assist in his own defense. The state administrator and the commissioner
must jointly adopt the form of the examination report; and the state
administrator shall prescribe the number of copies thereof that must be
submitted to the court by the director.
9. "Appropriate institution" means: (a) a hospital operated by the
office of mental health or a developmental center operated by the office
for people with developmental disabilities; or (b) a hospital licensed
by the department of health which operates a psychiatric unit licensed
by the office of mental health, as determined by the commissioner
provided, however, that any such hospital that is not operated by the
state shall qualify as an "appropriate institution" only pursuant to the
terms of an agreement between the commissioner and the hospital. Nothing
in this article shall be construed as requiring a hospital to consent to

providing care and treatment to an incapacitated person at such
hospital.

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