Criminalizes the knowing and intentional failure of a physician, nurse, or other licensed medical person to provide reasonable medical care and treatment to an infant born alive as a felony.
Summary
H5295 would add a new section to Rhode Island’s children-related criminal laws making it a felony for a physician, nurse, or other licensed medical professional to knowingly and intentionally fail to provide reasonable medical care and treatment to an infant who is born alive. The bill defines “born alive” broadly to include any infant who, after complete expulsion or extraction, shows signs of life such as breathing, a heartbeat, umbilical cord pulsation, or voluntary movement, regardless of the circumstances of delivery or stage of development.
If the prohibited failure to provide care results in the infant’s death, the bill would elevate the offense to manslaughter. The measure also states that it should not be read to prevent parents or guardians from refusing treatment that is not medically necessary or reasonable, including treatment that would not save the infant’s life, would pose greater risk than benefit, or would only temporarily prolong dying when death is imminent.
Impact
The bill would create a new criminal offense in Chapter 11-9 of the General Laws and expose licensed medical personnel to felony liability, with a possible manslaughter charge if an infant dies as a result of the failure to provide care. It would also establish a statutory definition of “born alive” for purposes of this section, potentially affecting how newborn care obligations are interpreted in criminal law. The bill would not require parents or guardians to consent to treatment that is medically unnecessary or unreasonable, preserving existing decision-making authority in limited end-of-life or risk-benefit situations.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes, the overall sentiment appears to be supportive of stronger legal protections for infants born alive, with the bill framed as a criminal accountability measure for medical professionals. The introduction by multiple representatives suggests a degree of legislative interest in the issue, but there is no available discussion record to show formal support or opposition in committee.
Contention
The main point of contention is likely to be the scope of criminal liability for medical professionals and how the bill would apply in complex neonatal or preterm birth situations. Supporters would likely view the measure as ensuring that any infant born alive receives reasonable care, while critics may argue that the felony and manslaughter penalties could create uncertainty, chill medical judgment, or overlap with parental refusal of treatment and end-of-life care decisions. The bill’s broad definition of “born alive” and its focus on “knowingly and intentionally” failing to provide care are likely to be central to any debate.