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.)