Testimony of a Nurse Practitioner Deemed Acceptable in Place of a Physician in Mental Hygiene Proceeding

The Appellate Division, Second Department, issued an interesting decision recently that is worth noting, albeit in a field of law other than personal injury. In Matter of Raymond E., 2025 N.Y. Slip. Op. 04006 (decided on July 2, 2025), a patient appealed from a decision of the lower court, which stated that although established Mental Hygiene Law procedures for the involuntary commitment of a patient to a psychiatric facility state a petitioner must furnish the testimony of a licensed physician, in this case, the court allowed the testimony of a nurse practitioner instead.

The court reasoned that pursuant to Education Law, a nurse practitioner diagnoses illnesses and conditions, and performs treatment within a specialty area of practice in collaboration with a licensed physician. A nurse practitioner may also prescribe medications. Because a nurse practitioner can diagnose illnesses, treat conditions, and prescribe medication, they should also be deemed competent to testify in a Mental Hygiene Law proceeding regarding a patient’s mental health condition as a physician would. Furthermore, the court reasoned that a nurse practitioner will have more knowledge of a specific patient than a physician because they interact with the patient more frequently and are more familiar with their condition.

Giulia R. Marino, Esq.