Date
of Last Review 03/6/08
SME: HCPC Administrator
Scope:
This policy addresses service of process on adult patients at UTHCPC. “Service of Process” means the delivery of a legal document or a court order by a deputy sheriff, deputy constable, or private process server. The document might be a citation, a restraining order, a subpoena or a writ. This policy does not address execution of arrest warrants.
Policy:
State law requires that the Administrator (or her designee) accept service of process on behalf of all patients, whether voluntary or involuntary. To the extent possible, this must be done in a way that does not directly confirm that the person to be served is a UTHCPC patient.
Procedure:
Step 1: The administrator or her designee completes a “Certificate of Substituted Service” form, documenting the name of the person to be served and the Administrator (or designee’s) name, title and signature.
Step 2: After completing the name, title, and signature, the Administrator or designee copies the “Certificate of Substituted Service” form. The Administrator or designee then attaches a copy of the form to the legal document and gives the original to the process server.
Step 3: No later than the third day after receiving service, the Administrator or designee delivers the legal document to the patient’s legal guardian or to the patient. The delivery may be by hand or by certified mail; whichever appears to be in the patient’s best interest, given the patient’s condition and the time constraints set out in the legal document. If the delivery is by hand, a witness must be present.
Step 4: If the delivery is by hand, the patient or patient’s guardian (if applicable) signs and dates the “Accepted By” portion of the Certificate. The Administrator or designee secures the witness’s signature.
If mailed, a return signed receipt is requested.
§ 571.010. AGENT FOR SERVICE OF PROCESS.
(a) The facility administrator or the superintendent, supervisor, or manager of an inpatient mental health facility is the agent for service of process son a patient confined in the facility.
(b) The person receiving process shall sign a certificate with the person’s name and title that states that the person is aware of the provisions of this subtitle. The certificate shall be attached to the citation and returned by the serving office.
(c) The person receiving process, not later than the third day after its receipt, shall forward it by registered mail to the patient’s legal guardian or personally deliver it to the patient, whichever appears to be in the patient’s best interest.
Added by Acts 1991, 72 nd Leg., ch. 76, § 1, eff. Sept. 1, 1991 .
Related to regulatory standards
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