§ 40.1-5-41. Immunity of physicians and surgeons from liability.
Nothing contained herein shall be deemed to contravene the provisions of § 5-37-14, and no physician or surgeon licensed to practice in this state, 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; provided further, that no physician or surgeon 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.
History of Section.P.L. 1974, ch. 119, § 1; P.L. 1983, ch. 30, § 1.
Structure Rhode Island General Laws
Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals
Chapter 40.1-5 - Mental Health Law
Section 40.1-5-1. - Short title.
Section 40.1-5-2. - Definitions.
Section 40.1-5-4. - Delegation of authority by director.
Section 40.1-5-6. - Voluntary admission.
Section 40.1-5-7. - Emergency certification.
Section 40.1-5-7.1. - Emergency transportation by police.
Section 40.1-5-8. - Civil court certification.
Section 40.1-5-9. - Right to treatment — Treatment plan.
Section 40.1-5-10. - Periodic institutional review proceedings.
Section 40.1-5-11. - Discharge — Recertification.
Section 40.1-5-12. - Habeas corpus and other remedies.
Section 40.1-5-13. - Mental health advocate.
Section 40.1-5-14. - Appointment and term of office of mental health advocate.
Section 40.1-5-15. - Staff of mental health advocate.
Section 40.1-5-16. - Appropriations.
Section 40.1-5-17. - Assistance of indigent persons.
Section 40.1-5-18. - Confidentiality of information received.
Section 40.1-5-19. - False statements and representations.
Section 40.1-5-20. - Exemption from court fees or charges.
Section 40.1-5-21. - Annual report.
Section 40.1-5-22. - Duties of the mental health advocate.
Section 40.1-5-23. - Access to information.
Section 40.1-5-24. - Rights and powers of mental health advocate.
Section 40.1-5-24.1. - Powers to accept grants and bequests.
Section 40.1-5-25. - Use of confidential information.
Section 40.1-5-26. - Disclosure of confidential information and records.
Section 40.1-5-27. - Release of information to patient’s family.
Section 40.1-5-27.1. - Disclosure by mental health professional.
Section 40.1-5-28. - Notice of disappearance of patient.
Section 40.1-5-29. - Record of disclosure.
Section 40.1-5-30. - Statistical data.
Section 40.1-5-31. - Maintenance of facilities.
Section 40.1-5-32. - Transfer of patients.
Section 40.1-5-33. - Payment for care and treatment.
Section 40.1-5-34. - Exclusiveness of this chapter.
Section 40.1-5-35. - Support of poor or indigent patients.
Section 40.1-5-36. - Guardians ad litem.
Section 40.1-5-37. - Service of process on patients.
Section 40.1-5-38. - Conspiracy to admit person improperly.
Section 40.1-5-39. - Deprivation of rights of persons admitted to facilities.
Section 40.1-5-40. - Disciplinary action against employees of facilities.
Section 40.1-5-40.1. - Duty to report.
Section 40.1-5-40.2. - Immunity from liability for reporting patient abuse.
Section 40.1-5-41. - Immunity of physicians and surgeons from liability.