§40.1-5-37  Service of process on patients. –


Published: 2015

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TITLE 40.1

Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-5

Mental Health Law

SECTION 40.1-5-37



   § 40.1-5-37  Service of process on

patients. –

No civil process or notice shall be served upon any patient, unless the officer

or person charged with the service shall apply to the physician in charge of

the facility or his or her designated agent where the patient is confined, and

receive a statement from the physician that service of the process or notice

will not be injurious to the mental health of the patient, and the statement

shall be annexed to his or her return of service. In the event that the

physician in charge or his designated agent shall state that it would be

injurious to the mental health of the patient, the process or notice shall not

be served on the patient and the statement shall be set forth in his or her

return, and the court shall order notice of the process or notice to be

published and shall appoint a guardian ad litem to represent the interests of

the patient, whether the patient be otherwise represented or not.



History of Section.

(1966, ch. 100, § 1; G.L. 1956, § 40-20-23, Reorg. Plan No. 1, 1970;

G.L. 1956, § 40.1-5-23; P.L. 1974, ch. 119, § 1; P.L. 1976, ch. 215,

§ 1.)