2025 -- H 5537
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LC001338
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABI LITIES AND
HOSPITALS -- MENTAL HEALTH LAW
Introduced By: Representatives Bennett, Hopkins, Donovan, Chippendale, Fogarty,
Ajello, Casimiro, Kazarian, Caldwell, and Baginski
Date Introduced: February 13, 2025
Referred To: House Judiciary
(Dept. of BHDDH)
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 1
Health Law" is hereby amended to read as follows: 2
40.1-5-41. Immunity of physicians and surgeons from liability Immunity from 3
liability. 4
Nothing contained herein shall be deemed to contravene the provisions of § 5-37-14, and 5
no physician or surgeon advanced practice registered nurse (APRN) licensed to practice in this 6
state, or having a privilege to practice in this state, and having met the requirements either of the 7
statute or of this chapter, shall be made to answer in any court for his or her participation in any 8
proceeding under this chapter except upon a showing of actual fraud; provided further, that no 9
physician or surgeon shall be made to answer in any court for any damage or injury to any person 10
or thing arising out of a patient’s enjoyment and/or exercise of rights protected by this chapter 11
including, without limitation, discharge, where the enjoyment and/or exercise of the rights, or any 12
of them, are in contravention of either the written orders or prescription or advice of a physician or 13
surgeon or gross, willful or wanton negligence. 14
SECTION 2. This act shall take effect upon passage. 15
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LC001338
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LC001338 - Page 2 of 2
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO BEHAVIORAL HEALTHCARE, DEVEL OPMENTAL DISABILITIES AND
HOSPITALS -- MENTAL HEALTH LAW
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This act would provide that advanced practice registered nurses have the same immunity 1
from liability as physicians and surgeons. 2
This act would take effect upon passage. 3
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LC001338
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