N.Y. Comp. Codes R. & Regs. tit. 14 § 22.2 - Service of Legal Process on Patients Admitted to Mental Health Facilities

This regulation governs the service of process upon patients admitted in mental health facilities.  The regulation prohibits the director of a mental health facility from permitting service of process without an order from a state or federal court showing that the court is aware that the patient is in a mental health facility.  The regulation sets out two exceptions for this rule; a court order is not required for: 1) citations from the Surrogate’s Court for probate of wills, letters of administration and for final accounting or appointment of guardian, and 2) notice of petition for appointment of a committee or conservator, and notice of final accounting of committee or conservator.
 
The regulation further requires that the director or one of his assistants be present at the time of service and then enter a descriptive note into the patient’s case record.  The regulation requires that a copy of the process served and a copy of the court order must be filed in the patient’s record, and that copies of these also be given to the committee/conservator/guardian of the patient, the Mental Health Information Service, and if it’s a state facility, to the patient resource agent for the facility and the department of law.  Consequently, the process server is to serve six copies at a state facility and four copies at a private facility.