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.)