Read the full stored bill text
S2978
2026 -- S 2978
========
LC004967
========
STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND
HOSPITALS -- MENTAL HEALTH LAW
Introduced By:
Senators Lauria, DiMario, Felag, Urso, Pearson, Vargas, LaMountain,
DiPalma, and Murray
Date Introduced:
March 04, 2026
Referred To:
Senate Judiciary
(Dept. of BHDDH)
It is enacted by the General Assembly as follows:
1
SECTION 1. Section 40.1-5-41 of the General Laws in Chapter 40.1-5 entitled "Mental
2
Health Law" is hereby amended to read as follows:
3
40.1-5-41.
Immunity of physicians and surgeons from liability
Immunity from
4
liability.
5
Nothing contained herein shall be deemed to contravene the provisions of § 5-37-14, and
6
no physician or
surgeon
advanced practice registered nurse (APRN)
licensed to practice in this
7
state,
or having a privilege to practice in this state, and
having met the requirements either of the
8
statute or of this chapter, shall be made to answer in any court for his or her participation in any
9
proceeding under this chapter except upon a showing of actual fraud
or gross, willful or wanton
10
negligence
; provided further, that no physician or
surgeon
APRN
shall be made to answer in any
11
court for any damage or injury to any person or thing arising out of a patient’s enjoyment and/or
12
exercise of rights protected by this chapter including, without limitation, discharge, where the
13
enjoyment and/or exercise of the rights, or any of them, are in contravention of either the written
14
orders or prescription or advice of a physician or
surgeon
APRN
.
15
SECTION 2. This act shall take effect upon passage.
========
LC004967
========
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND
HOSPITALS -- MENTAL HEALTH LAW
***
1
This act would provide that advanced practice registered nurses have the same immunity
2
from liability as physicians under the mental health law.
3
This act would take effect upon passage.
========
LC004967
========
LC004967 - Page 2 of 2