Rhode Island General Laws 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.
Terms Used In Rhode Island General Laws 40.1-5-37
- Facility: means , but is not limited to, any public or private hospital licensed by the Rhode Island department of health that maintains staff and facilities, including inpatient units, for the care and treatment of persons with psychiatric illness, psychiatric disorders, and/or psychiatric disabilities; and/or a community mental health center as defined in Rhode Island General Laws 40.1-5-2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Patient: means a person admitted voluntarily, certified or re-certified admitted to a facility according to the provisions of this chapter. See Rhode Island General Laws 40.1-5-2
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Physician: means a person licensed by the Rhode Island department of health to practice medicine pursuant to chapter 37 of Title 5. See Rhode Island General Laws 40.1-5-2