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Rhode Island General Assembly· H 7634Chapter 228, Jun 19, 2026

BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS -- MENTAL HEALTH LAW, the official text

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H7634 2026 -- H 7634 ======== LC004955 ======== 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: Representative David A. Bennett Date Introduced: February 11, 2026 Referred To: House 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. ======== LC004955 ======== 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. ======== LC004955 ======== LC004955 - Page 2 of 2
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