2026 -- H 7634

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LC004955

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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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:

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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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LC004955

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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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LC004955

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