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
S0306 creates a new criminal offense in Rhode Island for the knowing and intentional failure by a physician, nurse, or other licensed medical person to provide reasonable medical care and treatment to an infant who is born alive. Under the bill, a covered medical professional who violates this duty would be guilty of a felony punishable by up to five years in prison, a fine of up to $5,000, or both. If the infant dies as a result of the failure to provide reasonable care, the offense would rise to manslaughter.
The bill defines "born alive" broadly to include a child fully expelled or extracted from the mother at any stage of development who shows signs of life such as breathing, a heartbeat, umbilical cord pulsation, or voluntary movement, regardless of the method of delivery. It also states that the measure should not be read to prevent parents or guardians from refusing medical treatment that is not medically necessary or reasonable, including treatment that would not save the infant's life, would pose risks outweighing benefits, or would only temporarily prolong dying when death is imminent.
Impact
The bill would add a new section to Rhode Island’s criminal code in Chapter 11-9, expanding criminal liability for licensed medical professionals in cases involving infants born alive. It would create a felony offense and a potential manslaughter charge tied to the failure to provide reasonable medical care, while also preserving parental or guardian authority to decline nonessential or burdensome treatment. The measure would affect physicians, nurses, and other licensed medical personnel involved in neonatal or emergency care, and would likely intersect with hospital policies, end-of-life decision-making, and standards of care for newborns.
Sentiment
Based on the bill text and available context, the measure appears to be framed as a child-protection and medical-duty bill, with a clear punitive focus on intentional neglect of infants born alive. No committee transcript or recorded votes were provided, so there is no documented debate or formal vote history to gauge broader legislative sentiment. The bill’s introduction and referral to Senate Judiciary suggest it was treated as a criminal-law measure rather than a health-policy bill.
Contention
The main point of contention is likely the scope of criminal liability for medical professionals and how the bill would apply in difficult neonatal cases, especially where prognosis is poor or treatment may be medically futile. Supporters would likely emphasize accountability and protection for infants born alive, while critics may worry about overcriminalization, interference with medical judgment, and uncertainty around what constitutes "reasonable" care. The bill’s carve-out for refusal of non-medically necessary treatment appears designed to address some of those concerns, but the line between necessary care and burdensome treatment could still be disputed.