Rhode Island 2025 Regular Session

Rhode Island House Bill H5296 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 5296
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7	7	LC000668
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- BORN-ALIVE INFANT PROTECTION ACT
16	16	Introduced By: Representatives Perez, Hull, Fellela, Azzinaro, Biah, J. Brien, Roberts,
17	17	and Diaz
18	18	Date Introduced: February 05, 2025
19	19	Referred To: House Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1
24	24	amended by adding thereto the following chapter: 2
25	25	CHAPTER 104 3
26	26	BORN-ALIVE INFANT PROTECTION ACT 4
27	27	23-104-1. Short title. 5
28	28	This chapter shall be known and may be cited as the "Born-Alive Infant Protection Act." 6
29	29	23-104-2. Legislative findings and purpose. 7
30	30	(a) The general assembly of the State of Rhode Island finds that: 8
31	31	(1) The State of Rhode Island has a paramount interest in protecting all human life. 9
32	32	(2) If an attempted abortion results in the live birth of an infant, the infant is a legal person 10
33	33	for all purposes under the laws of this state. 11
34	34	(3) It is not an infringement on a woman's right to terminate her pregnancy for this state to 12
35	35	assert its interest in protecting an infant whose live birth occurred as the result of an attempted 13
36	36	abortion. 14
37	37	(4) Without proper legal protection, newly born infants who have survived attempted 15
38	38	abortions have been denied appropriate life-saving or life-sustaining medical care and treatment 16
39	39	and have been left to die. 17
40	40	(b) Based on the findings in subsection (a) of this section, it is the purpose of this chapter 18
41	41	to: 19
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43	43
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45	45	(1) Ensure the protection and promotion of the health and well-being of all infants born 1
46	46	alive in this state; and 2
47	47	(2) Mandate that healthcare providers give medically appropriate and reasonable life- 3
48	48	saving and life-sustaining medical care and treatment to all born-alive infants. 4
49	49	23-104-3. Definitions. 5
50	50	As used in this chapter: 6
51	51	(1) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or 7
52	52	any other substance, device, or means with the intent to terminate the clinically diagnosable 8
53	53	pregnancy of a woman with knowledge that the termination by those means will, with reasonable 9
54	54	likelihood, cause the death of the unborn child. Such use, prescription, or means is not an abortion 10
55	55	if done with the intent to: 11
56	56	(i) Save the life or preserve the health of the unborn child; 12
57	57	(ii) Remove a dead unborn child caused by spontaneous abortion; or 13
58	58	(iii) Remove an ectopic pregnancy. 14
59	59	(2) "Born-alive" or "live birth" means the complete expulsion or extraction of an infant 15
60	60	from their mother, regardless of the state of gestational development, that, after expulsion or 16
61	61	extraction, whether or not the umbilical cord has been cut or the placenta is attached, and regardless 17
62	62	of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean 18
63	63	section, or induced abortion, shows any evidence of life, including, but not limited to, one or more 19
64	64	of the following: 20
65	65	(i) Breathing; 21
66	66	(ii) A heartbeat; 22
67	67	(iii) Umbilical cord pulsation; or 23
68	68	(iv) Definite movement of voluntary muscles. 24
69	69	(3) "Consent" means the voluntary agreement or acquiescence by a person of age and with 25
70	70	the requisite mental capacity who is not under duress or coercion and who has knowledge or 26
71	71	understanding of the act or action to which they have agreed or acquiesced. 27
72	72	(4) "Facility" or "medical facility" means any public or private hospital, clinic, center, 28
73	73	medical school, medical training institution, healthcare facility, physician's office, infirmary, 29
74	74	dispensary, ambulatory surgical treatment center, or other institution or location wherein medical 30
75	75	care is provided to any person. 31
76	76	(5) "Infant" means a child of the species homo sapiens who has been completely expulsed 32
77	77	or extracted from their mother, regardless of the stage of gestational development, until the age of 33
78	78	thirty (30) days post birth. 34
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82	82	(6) "Physician" means a person licensed to practice medicine in the State of Rhode Island. 1
83	83	This term includes medical doctors and doctors of osteopathy. 2
84	84	(7) "Premature" or "preterm" means occurring prior to the thirty-seventh week of gestation. 3
85	85	23-104-4. Requirements and responsibilities. 4
86	86	(a) A person shall not deny or deprive an infant of nourishment with the intent to cause or 5
87	87	allow the death of the infant for any reason, including, but not limited to: 6
88	88	(1) The infant was born with a handicap; 7
89	89	(2) The infant is not wanted by the parent(s) or guardian(s); or 8
90	90	(3) The infant is born alive by natural or artificial means. 9
91	91	(b) A person shall not deprive an infant of medically appropriate and reasonable medical 10
92	92	care and treatment or surgical care. 11
93	93	(c) The requirements of this section shall not be construed to prevent an infant's parent(s) 12
94	94	or guardian(s) from refusing to give consent to medical treatment or surgical care which is not 13
95	95	medically necessary or reasonable, including care or treatment which either: 14
96	96	(1) Is not necessary to save the life of the infant; 15
97	97	(2) Has a potential risk to the infant's life or health that outweighs the potential benefit to 16
98	98	the infant of the treatment or care; or 17
99	99	(3) Is treatment that will do no more than temporarily prolong the act of dying when death 18
100	100	is imminent. 19
101	101	(d) (1) The physician performing an abortion shall take all medically appropriate and 20
102	102	reasonable steps to preserve the life and health of a born-alive infant. If an abortion performed in a 21
103	103	hospital results in a live birth, the physician attending the abortion shall provide immediate medical 22
104	104	care to the infant, inform the mother of the live birth, and request transfer of the infant to an on-23
105	105	duty resident or emergency care physician who shall provide medically appropriate and reasonable 24
106	106	medical care and treatment to the infant. 25
107	107	(2) If an abortion performed in a facility other than a hospital results in a live birth, a 26
108	108	physician attending the abortion shall provide immediate medical care to the infant and call 9-1-1 27
109	109	for an emergency transfer of the infant to a hospital that shall provide medically appropriate and 28
110	110	reasonable care and treatment to the infant. 29
111	111	(e) If the physician described in subsection (d) of this section is unable to perform the duties 30
112	112	in that subsection because they are assisting the woman on whom the abortion was performed, then 31
113	113	an attending physician's assistant, nurse, or other healthcare provider shall assume the duties 32
114	114	outlined in subsection (d) of this section. 33
115	115	(f) Any born-alive infant including one born in the course of an abortion procedure shall 34
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119	119	be treated as a legal person under the laws of this state, with the same rights to medically appropriate 1
120	120	and reasonable care and treatment, and birth and death (if death occurs) certificates shall be issued 2
121	121	accordingly. 3
122	122	(g) If, before the abortion, the mother, and if married, her husband, has or have stated in 4
123	123	writing that she, or they, do not wish to keep the infant in the event that the abortion results in a 5
124	124	live birth, and this writing is not retracted before the attempted abortion, the infant, if born alive, 6
125	125	shall immediately upon birth become a ward of the department of children, youth and families. 7
126	126	(h) No person shall use any born-alive infant for any type of scientific research or other 8
127	127	kind of experimentation except as necessary to protect or preserve the life and health of the born-9
128	128	alive infant. 10
129	129	23-104-5. Exceptions. 11
130	130	The parent(s) or guardian(s) of a born-alive infant shall not be held criminally or civilly 12
131	131	liable for the actions of a physician, nurse, or other healthcare provider that are in violation of this 13
132	132	chapter and to which the parent(s) or guardian(s) did not give consent. 14
133	133	23-104-6. Criminal penalties. 15
134	134	(a) Any physician, nurse, or other healthcare provider who intentionally, knowingly, or 16
135	135	negligently fails to provide medically appropriate and reasonable care and treatment to a born- alive 17
136	136	infant in the course of an attempted abortion shall be guilty of a felony and, upon conviction, shall 18
137	137	be subject to imprisonment for a period of up to ten (10) years, or a fine of up to twenty-five 19
138	138	thousand dollars ($25,000), or both. 20
139	139	(b) Any violation of §23-100-4(h) concerning the research use of a born-alive infant is a 21
140	140	felony and, upon conviction, shall be subject to imprisonment for a period of up to ten (10) years, 22
141	141	or a fine of up to twenty-five thousand dollars ($25,000), or both. 23
142	142	23-104-7. Civil and administrative action. 24
143	143	In addition to whatever remedies are available under the statutory or common law of this 25
144	144	state, failure to comply with the requirements of this chapter shall: 26
145	145	(1) Provide a basis for a civil action for compensatory and punitive damages. Any 27
146	146	conviction under this chapter shall be admissible in a civil suit as prima facie evidence of a failure 28
147	147	to provide medically appropriate and reasonable care and treatment to a born-alive infant. Any civil 29
148	148	action may be based on a claim that the death of or injury to the born-alive infant was a result of 30
149	149	simple negligence, gross negligence, wantonness, willfulness, intentional conduct, or another 31
150	150	violation of the legal standard of care. 32
151	151	(2) Provide a basis for professional disciplinary action under chapter 37 of title 5 for the 33
152	152	suspension or revocation of any license for physicians, licensed and registered nurses, or other 34
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156	156	licensed or regulated persons. Any conviction of any person for any failure to comply with the 1
157	157	requirements of this chapter shall result in the automatic suspension of their license for a period of 2
158	158	at least one year and said license shall be reinstated after that time only under such conditions as 3
159	159	the board of licensure and discipline shall require to ensure compliance with this chapter. 4
160	160	(3) Provide a basis for recovery for the parent(s) of the infant or the parent(s) or guardian(s) 5
161	161	of the mother, if the mother is a minor, for the wrongful death of the infant, whether or not the 6
162	162	infant was viable at the time the attempted abortion was performed. 7
163	163	23-104-8. Construction. 8
164	164	(a) Nothing in this chapter shall be construed to affirm, deny, expand, or contract any legal 9
165	165	status or legal right applicable to any member of the species homo sapiens at any point prior to 10
166	166	being born-alive, as defined in this chapter. 11
167	167	(b) Nothing in this chapter shall be construed to affect existing federal or state law 12
168	168	regarding abortion. 13
169	169	(c) Nothing in this chapter shall be construed as creating or recognizing a right to abortion. 14
170	170	(d) Nothing in this chapter shall be construed to alter generally accepted medical standards. 15
171	171	23-104-9. Severability. 16
172	172	Any provision of this chapter held to be invalid or unenforceable by its terms, or as applied 17
173	173	to any person or circumstance, shall be construed in order to give it the maximum effect permitted 18
174	174	by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such 19
175	175	provision shall be deemed severable and shall not affect the remainder or the application of such 20
176	176	provision to other persons not similarly situated or to other dissimilar circumstances. 21
177	177	23-104-10. Right of intervention. 22
178	178	The general assembly, by joint resolution, may appoint one or more of its members, who 23
179	179	sponsored or cosponsored this chapter in the member's official capacity, to intervene as a matter of 24
180	180	right in any case in which the constitutionality of this law is challenged. 25
181	181	SECTION 2. This act shall take effect upon passage. 26
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188	188	EXPLANATION
189	189	BY THE LEGISLATIVE COUNCIL
190	190	OF
191	191	A N A C T
192	192	RELATING TO HEALTH AND SAFETY -- BORN-ALIVE INFANT PROTECTION ACT
193	193	***
194	194	This act would provide for the duties and obligations of medical personnel in certain 1
195	195	circumstances to infants born alive as the result of the performance of an abortion with violations 2
196	196	punishable as a felony with imprisonment up to ten (10) years, or a fine of twenty-five thousand 3
197	197	dollars ($25,000), or both. This act would also create a civil action for compensatory and punitive 4
198	198	damages and provide a basis for professional disciplinary action with an automatic one year 5
199	199	suspension for any convictions based on the provisions of this act. 6
200	200	This act would take effect upon passage. 7
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