H 7634

2026 -- H 7634
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 LC004955
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  STATE  OF        RHODE  ISLAND
  IN GENERAL ASSEMBLY
  JANUARY SESSION, A.D. 2026
  ____________
  AN ACT
  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:
1SECTION 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:
340.1-5-41. Immunity of physicians and surgeons from liability Immunity from
4 liability.
5Nothing 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.
15SECTION 2. This act shall take effect upon passage.
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 LC004955
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  EXPLANATION
  BY THE LEGISLATIVE COUNCIL
  OF
  AN ACT
RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND
  HOSPITALS -- MENTAL HEALTH LAW
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1This act would provide that advanced practice registered nurses have the same immunity
2 from liability as physicians under the mental health law.
3This act would take effect upon passage.
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LC004955
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