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H 7634Medical Services

Behavioral Healthcare, Developmental Disabilities and Hospitals - Mental Health Law

This bill grants Advanced Practice Registered Nurses (APRNs) the same legal immunity from lawsuits that doctors have in mental health cases.

Signed into law69 Yea0 Nay6 Not voting
Population
Affected
25
Email Legislator
Introduced Feb 11, 2026Committee House Judiciary

Plain-English Summary

This legislation amends the state's Mental Health Law to extend legal immunity to Advanced Practice Registered Nurses (APRNs). currently, physicians and surgeons are protected from civil liability when participating in mental health proceedings or when a patient suffers harm after acting against medical advice, provided there is no fraud or gross negligence involved. This bill adds APRNs to this protected class of medical professionals, ensuring they have the same legal protections against lawsuits as doctors when performing similar duties in mental health contexts.

For younger readers

Sometimes, medical workers help people who are having a hard time with their feelings or their minds. There are laws that protect doctors so they don't get in trouble just for doing their job, unless they do something very bad on purpose. This bill changes the law to say that special nurses, called Advanced Practice Registered Nurses, get those same protections. This means these nurses can help patients without worrying about getting sued, just like doctors.

Who & Where It Applies

Impacted groups
Advanced Practice Registered Nurses (APRNs)Mental health patientsPhysiciansMedical malpractice insurersPlaintiff attorneys
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Expands access to mental health services in underserved communities by encouraging APRNs to practice without the fear of excessive litigation, thereby strengthening the social safety net.
  • Promotes professional equity within the healthcare system by recognizing APRNs as vital providers deserving of the same legal protections as physicians.
  • May reduce bottlenecks in the mental health system, allowing patients to receive timely care and discharge processing from qualified nurses rather than waiting for a physician.
  • Limits the ability of vulnerable patients to seek legal recourse and financial compensation for malpractice or negligence that does not meet the high threshold of "gross" or "willful" negligence.
  • Expands legal shields for the medical establishment, potentially prioritizing provider protection over patient accountability and rights.
  • May inadvertently discourage thorough oversight of APRNs by removing the threat of standard liability, potentially risking the quality of care for disadvantaged populations.
For Conservatives
  • Reduces the burden of frivolous lawsuits against healthcare professionals, protecting them from excessive legal costs and government court interference.
  • Promotes a more efficient healthcare market by removing regulatory disparities between doctors and APRNs, allowing for better utilization of medical resources.
  • Reinforces the principle of personal responsibility by protecting medical providers when patients suffer harm resulting from their own choice to ignore medical advice.
  • Blurs the traditional distinction between highly trained physicians and nurses, potentially undermining the established medical hierarchy and qualification standards.
  • Expands government-mandated immunity, which denies citizens their right to seek redress in the courts for grievances against a broader class of professionals.
  • Could be viewed as a move to replace physicians with lower-cost providers by artificially equalizing their legal standing through legislation.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 9 additions · 4 deletions

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 Health Law" is hereby amended to read as follows: 40.1-5-41. Immunity of physicians and surgeons from liability Immunity from liability. Nothing contained herein shall be deemed to contravene the provisions of § 5-37-14, and no physician or surgeon advanced practice registered nurse (APRN) licensed to practice in this state, or having a privilege to practice in this state, and 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 or gross, willful or wanton negligence; provided further, that no physician or surgeon APRN 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 APRN.

SECTION 2. This act shall take effect upon passage.