| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2025 -- H 5537 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC001338 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABI LITIES AND |
|---|
| 16 | 16 | | HOSPITALS -- MENTAL HEALTH LAW |
|---|
| 17 | 17 | | Introduced By: Representatives Bennett, Hopkins, Donovan, Chippendale, Fogarty, |
|---|
| 18 | 18 | | Ajello, Casimiro, Kazarian, Caldwell, and Baginski |
|---|
| 19 | 19 | | Date Introduced: February 13, 2025 |
|---|
| 20 | 20 | | Referred To: House Judiciary |
|---|
| 21 | 21 | | (Dept. of BHDDH) |
|---|
| 22 | 22 | | |
|---|
| 23 | 23 | | It is enacted by the General Assembly as follows: |
|---|
| 24 | 24 | | SECTION 1. Section 40.1-5-41 of the General Laws in Chapter 40.1-5 entitled "Mental 1 |
|---|
| 25 | 25 | | Health Law" is hereby amended to read as follows: 2 |
|---|
| 26 | 26 | | 40.1-5-41. Immunity of physicians and surgeons from liability Immunity from 3 |
|---|
| 27 | 27 | | liability. 4 |
|---|
| 28 | 28 | | Nothing contained herein shall be deemed to contravene the provisions of § 5-37-14, and 5 |
|---|
| 29 | 29 | | no physician or surgeon advanced practice registered nurse (APRN) licensed to practice in this 6 |
|---|
| 30 | 30 | | state, or having a privilege to practice in this state, and having met the requirements either of the 7 |
|---|
| 31 | 31 | | statute or of this chapter, shall be made to answer in any court for his or her participation in any 8 |
|---|
| 32 | 32 | | proceeding under this chapter except upon a showing of actual fraud; provided further, that no 9 |
|---|
| 33 | 33 | | physician or surgeon shall be made to answer in any court for any damage or injury to any person 10 |
|---|
| 34 | 34 | | or thing arising out of a patient’s enjoyment and/or exercise of rights protected by this chapter 11 |
|---|
| 35 | 35 | | including, without limitation, discharge, where the enjoyment and/or exercise of the rights, or any 12 |
|---|
| 36 | 36 | | of them, are in contravention of either the written orders or prescription or advice of a physician or 13 |
|---|
| 37 | 37 | | surgeon or gross, willful or wanton negligence. 14 |
|---|
| 38 | 38 | | SECTION 2. This act shall take effect upon passage. 15 |
|---|
| 39 | 39 | | ======== |
|---|
| 40 | 40 | | LC001338 |
|---|
| 41 | 41 | | ======== |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | LC001338 - Page 2 of 2 |
|---|
| 45 | 45 | | EXPLANATION |
|---|
| 46 | 46 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 47 | 47 | | OF |
|---|
| 48 | 48 | | A N A C T |
|---|
| 49 | 49 | | RELATING TO BEHAVIORAL HEALTHCARE, DEVEL OPMENTAL DISABILITIES AND |
|---|
| 50 | 50 | | HOSPITALS -- MENTAL HEALTH LAW |
|---|
| 51 | 51 | | *** |
|---|
| 52 | 52 | | This act would provide that advanced practice registered nurses have the same immunity 1 |
|---|
| 53 | 53 | | from liability as physicians and surgeons. 2 |
|---|
| 54 | 54 | | This act would take effect upon passage. 3 |
|---|
| 55 | 55 | | ======== |
|---|
| 56 | 56 | | LC001338 |
|---|
| 57 | 57 | | ======== |
|---|