AN ACT RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS -- MENTAL HEALTH LAW (Provides that advanced practice registered nurses have the same immunity from liability as physicians and surgeons.)

S2978

2026 -- S 2978
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LC004967
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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:
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SECTION 1. Section 40.1-5-41 of the General Laws in Chapter 40.1-5 entitled "Mental
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Health Law" is hereby amended to read as follows:
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40.1-5-41.
Immunity of physicians and surgeons from liability
Immunity from
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liability.
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Nothing contained herein shall be deemed to contravene the provisions of § 5-37-14, and
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no physician or
surgeon

advanced practice registered nurse (APRN)
licensed to practice in this
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state,
or having a privilege to practice in this state, and
having met the requirements either of the
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statute or of this chapter, shall be made to answer in any court for his or her participation in any
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proceeding under this chapter except upon a showing of actual fraud
or gross, willful or wanton
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negligence
; provided further, that no physician or
surgeon

APRN
shall be made to answer in any
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court for any damage or injury to any person or thing arising out of a patient’s enjoyment and/or
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exercise of rights protected by this chapter including, without limitation, discharge, where the
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enjoyment and/or exercise of the rights, or any of them, are in contravention of either the written
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orders or prescription or advice of a physician or
surgeon

APRN
.
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SECTION 2. This act shall take effect upon passage.
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LC004967
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND
HOSPITALS -- MENTAL HEALTH LAW
***
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This act would provide that advanced practice registered nurses have the same immunity
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from liability as physicians under the mental health law.
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This act would take effect upon passage.
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LC004967
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