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HB 5537

AN ACT RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS -- MENTAL HEALTH LAW

2025 Regular Session Introduced by Edith Ajello and 9 co-sponsors

Extends existing immunity to APRNs in Rhode Island’s mental health proceedings, aligning their liability protections with physicians/surgeons.

06/11/2025 Referred to Senate Judiciary
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Bill Summary · HB 5537

Summary — HB 5537 (2025)

Title: AN ACT RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS -- MENTAL HEALTH LAW
Introduced: March 14, 2025 | Status: House passed 06/10/2025; referred to Senate Judiciary 06/11/2025
Primary sponsors: Chippendale, Donovan, Caldwell, Fogarty, Casimiro, Bennett, Hopkins, Kazarian, Baginski, Ajello
Companion bill: SB 2999

Purpose

To amend Rhode Island’s Mental Health Law (R.I. Gen. Laws § 40.1-5-41) so that advanced practice registered nurses (APRNs) are explicitly afforded the same immunity from liability that the statute currently provides to physicians and surgeons when participating in proceedings under the chapter.

Key provisions

  • Amends § 40.1-5-41 to include “advanced practice registered nurse (APRN)” among the health professionals who “shall not be made to answer in any court for his or her participation in any proceeding under this chapter,” provided the APRN is licensed in Rhode Island (or has privileges to practice in the state) and has met the statute’s or chapter’s requirements.
  • Retains existing statutory limitations and exceptions: immunity does not apply if there is a showing of actual fraud. The bill preserves the other current statutory language regarding liability and patient rights as contained in the section.
  • Effective date: upon passage.

Who is affected

  • APRNs: would receive explicit statutory immunity comparable to physicians/surgeons for actions taken in connection with mental health proceedings under the referenced chapter.
  • Hospitals, clinics, and other facilities employing APRNs: potential changes to liability exposure and institutional protocols.
  • Insurers and malpractice carriers: may see changes in the scope of covered risk for APRNs involved in mental health-related proceedings.
  • Patients and advocates: the bill does not change the underlying procedural protections in the Mental Health Law but may affect avenues for civil liability claims against APRNs in limited circumstances (e.g., actual fraud claims remain).

Procedural history / timeline

  • Introduced to House Judiciary (listed Feb/Mar 2025) and considered in public hearing (05/12/2025).
  • Committee recommended passage (05/06/2025); left pending at one point and later held for further study in committee actions (04/08/2025) before moving forward.
  • House read and passed on 06/10/2025; referred to Senate Judiciary on 06/11/2025.
  • Takes effect upon passage.

Notes / implications

  • The bill is narrowly focused on extending existing liability protections to APRNs; it does not alter the mental health procedures themselves or create new patient rights.
  • Any legal interpretation of how the added language interacts with existing exceptions (e.g., “actual fraud”) would be determined in practice by courts or further statutory clarification.

Compiled from official sources — confirm details with the bill’s official record.

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