| Chapter 229 |
| 2026 -- S 2978 Enacted 06/19/2026 |
| 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 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 40.1-5-41 of the General Laws in Chapter 40.1-5 entitled "Mental |
| Health Law" is hereby amended to read as follows: |
| 40.1-5-41. Immunity of physicians and surgeons from liability Immunity from |
| liability. |
| Nothing contained herein shall be deemed to contravene the provisions of § 5-37-14, and |
| no physician or surgeon advanced practice registered nurse (APRN) licensed to practice in this |
| state, or having a privilege to practice in this state, and having met the requirements either of the |
| statute or of this chapter, shall be made to answer in any court for his or hertheir participation in |
| any proceeding under this chapter except upon a showing of actual fraud or gross, willful or wanton |
| negligence; provided further, that no physician or surgeon APRN shall be made to answer in any |
| court for any damage or injury to any person or thing arising out of a patient’s enjoyment and/or |
| exercise of rights protected by this chapter including, without limitation, discharge, where the |
| enjoyment and/or exercise of the rights, or any of them, are in contravention of either the written |
| orders or prescription or advice of a physician or surgeon APRN. |
| SECTION 2. This act shall take effect upon passage. |
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| LC004967 |
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