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SB 2978

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

2026 Regular Session Introduced by Alana DiMario and 8 co-sponsors

APRNs in Rhode Island would receive immunity from liability in mental health law proceedings equal to physicians, expanding protections when their orders or advice followed.

06/19/2026 Signed by Governor
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WeVote Research Nonpartisan
Bill Summary · SB 2978

Bill Summary: SB 2978 (Rhode Island, 2026) – Mental Health Law Immunity Expansion for APRNs

Basic Information

  • Bill Title: AN ACT RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS — MENTAL HEALTH LAW
  • Jurisdiction: Rhode Island
  • Session: 2026
  • Introduced: March 4, 2026
  • Sponsors: Senators Lauria, DiMario, Felag, Urso, Pearson, Vargas, LaMountain, DiPalma, Murray; with several co-sponsors
  • Committee: Senate Judiciary
  • Effective Date: Upon passage

1) Purpose and Intent

  • The bill aims to equalize liability immunity for advanced practice registered nurses (APRNs) with physicians in the context of Rhode Island’s Mental Health Law.
  • Specifically, it intends to extend the same immunity from liability in mental health proceedings to APRNs who are licensed to practice in Rhode Island or have privileges to practice in the state and who meet applicable requirements.

2) Key Provisions

  • Amendment to Immunity Provision:

    • The current statute (40.1-5-41) provides physicians and certain licensed professionals with immunity from liability in relation to actions taken under the Mental Health Law, except in cases of actual fraud or gross, willful, or wanton negligence.
    • The bill extends the same immunity to APRN licensed to practice in Rhode Island or who hold privileges to practice in the state, provided they meet the statutory or chapter requirements.
    • The immunity covers liability arising from participation in any proceeding under the Mental Health Law and includes protections related to a patient’s enjoyment and/or exercise of rights (e.g., discharge), to the extent those rights are exercised in accordance with the treating provider’s written orders, prescriptions, or advice.

  • Clarifying Language:

    • The amendment explicitly states that APRNs shall not be required to answer in court for damages arising from a patient’s exercise of mental health rights as long as the patient’s actions are in line with the APRN’s professional orders or advice, aligning APRN immunity with that already afforded to physicians and surgeons under the Mental Health Law.

3) Who is Affected

  • Primary Beneficiaries:
    • Advanced Practice Registered Nurses (APRNs) who practice in Rhode Island or hold privileges to practice within the state and who are authorized under applicable statutes and regulations to participate in Mental Health Law proceedings.
  • Indirect Beneficiaries/Impacts:
    • Behavioral health care teams that include APRNs, patients under mental health treatment, and health care facilities that rely on APRN practice in psychiatric and related involuntary or voluntary proceedings.

4) Procedural and Timeline Aspects

  • Effective Date: The act states that it takes effect “upon passage” (i.e., immediately once enacted and signed into law).
  • Status and Next Steps:
    • The bill was introduced March 4, 2026, referred to Senate Judiciary, with scheduled hearing/consideration in May 2026.
    • If passed, the amended immunity provision would become part of the existing Mental Health Law (Chapter 40.1-5).

5) Practical Impact and Considerations

  • Legal and Clinical Impact:
    • APRNs would have liability protection comparable to physicians and surgeons in the context of mental health proceedings, potentially reducing risk of civil liability except in cases of fraud or gross/negligent misconduct.
    • This could influence practice patterns, collaboration dynamics, and discharge decisions within behavioral health settings.
  • Policy Considerations:
    • The change clarifies and harmonizes immunity standards across licensed mental health professionals practicing in Rhode Island.
    • Stakeholders may seek to monitor for any unintended effects on accountability, patient safety, and the standard of care.

If you’d like, I can provide a side-by-side comparison with current law to highlight exact statutory changes or draft a one-page briefing for non-legal audiences.

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

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