Rhode Island ‘Born-Alive Infant Protection’ Act (S 2152)
This law was last updated on Sep 6, 2018
S 2152 would prohibit a person from denying or depriving an infant of nourishment with the intent to cause or allow the death of the infant for any reason, including without limitation:
- The infant was born with a handicap;
- The infant was not wanted by the parent or guardian; or
- The infant was born alive by natural or artificial means.
The bill would prohibit a person from depriving an infant of medically appropriate and reasonable medical care and treatment or surgical care.
A physician performing an abortion would need to take all medically appropriate and reasonable steps to preserve the life and health of an infant who is born alive.
If an abortion performed in a hospital results in a live birth, the attending physician would be required to:
- Provide immediate medical care to the infant;
- Inform the mother of the live birth; and
- Request transfer of the infant to an on-duty resident or emergency care physician who shall provide medically appropriate and reasonable medical care and treatment to the infant.
If an abortion performed in a healthcare facility other than a hospital results in a live birth, the attending physician would be required to:
- Provide immediate medical care to the infant; and
- Call 911 for an emergency transfer of the infant to the hospital for medically appropriate and reasonable care and treatment for the infant.
The bill prohibits the parents or guardians of a born-alive infant from being held criminally or civilly liable for the actions of a medical staff that violate this provision.
Any physician, nurse, or other health-care provider who intentionally, knowingly, or negligently fails to provide medically appropriate and reasonable care and treatment to a born- alive infant in the course of an attempted abortion would be guilty of a felony and upon conviction would be subject to imprisonment for a period of up to ten years, and/or a fine of up to $25,000.
The bill would prohibit a person from using any born-alive infant for any type of scientific research or other kind of experimentation except as necessary to protect or preserve the life and health of the born- alive infant. A violation of this provision would be considered a felony, punishable by imprisonment for a period of up to ten years, and/or a fine of up to $25,000.
Any conviction of any person for any failure to comply with the requirements of this chapter would result in the automatic suspension of their license for a period of at least one year.
If passed, this law would take effect immediately.
Based on model legislation drafted by Americans United for Life (AUL).
Companion bill to H 7164.
Identical to H 5446, which failed to pass during the 2017 legislative session.
- Americans United for Life — Drafted Model Law