Rhode Island General Laws 5-37.3-8. Appointment of guardian ad litem for incompetent persons
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Whenever healthcare information subject to this chapter is relevant to a criminal proceeding and the patient to whom it pertains is incompetent due to a physical or mental incapacity and has no authorized representative, the court shall appoint a guardian ad litem for the patient who shall review the information and determine whether it is in the best interest of the patient to authorize disclosure of that information.
History of Section.
P.L. 1982, ch. 356, § 3.
Terms Used In Rhode Island General Laws 5-37.3-8
- Authorized representative: means :
(i) A person empowered by the patient/client to assert or to waive the confidentiality, or to disclose or consent to the disclosure of confidential information, as established by this chapter. See Rhode Island General Laws 5-37.3-3
- 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 who receives healthcare services from a healthcare provider. See Rhode Island General Laws 5-37.3-3