TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-5
Mental Health Law

SECTION 40.1-5-41

§ 40.1-5-41. Immunity of physicians and surgeons from liability.

Nothing contained herein shall be deemed to contravene the provisions of § 5-37-14, and no physician or surgeon licensed to practice in this state, having met the requirements either of the statute or of this chapter, shall be made to answer in any court for his or her participation in any proceeding under this chapter except upon a showing of actual fraud; provided further, that no physician or surgeon 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.

History of Section.
(P.L. 1974, ch. 119, § 1; P.L. 1983, ch. 30, § 1.)