RELATING TO HEALTH AND SAFETY -- BORN-ALIVE INFANT PROTECTION ACT
H7435 creates a new chapter in Rhode Island’s health and safety laws called the “Born-Alive Infant Protection Act.” The bill declares that if an attempted abortion results in a live birth, the infant is a legal person under state law and must receive medically appropriate and reasonable life-saving and life-sustaining care. It defines key terms such as “born-alive,” “infant,” “abortion,” and “medical facility,” and sets out duties for physicians and other healthcare providers to provide immediate care, arrange emergency transfer when needed, and treat the infant as a legal person for purposes of birth and death certificates.
The bill also prohibits denying nourishment or medically appropriate care to a born-alive infant, bars the use of such an infant for research or experimentation except to protect the infant’s life or health, and places a born-alive infant into the custody of the Department of Children, Youth and Families if the parents have previously stated in writing that they do not wish to keep the infant. It expressly states that it does not alter existing abortion law, create a right to abortion, or change accepted medical standards, while also allowing intervention by sponsoring legislators in constitutional challenges.
H7435 would amend Title 23 of the Rhode Island General Laws by adding a new chapter imposing affirmative duties on physicians, nurses, and other healthcare providers when an infant is born alive during or after an attempted abortion. Violations could trigger felony penalties of up to 10 years in prison and/or a $25,000 fine, civil liability for compensatory and punitive damages, wrongful death claims, professional discipline, and an automatic one-year license suspension upon conviction. The bill would also require related administrative and custody actions, including issuance of certificates and possible DCYF wardship, affecting healthcare providers, hospitals, licensing boards, and child welfare agencies.
Based on the bill text and the absence of recorded committee testimony or votes, the measure appears to be framed by its sponsors as a child-protection and medical-care mandate for infants born alive after an abortion attempt. The language is strongly supportive of the bill’s purpose and reflects a pro-life policy approach. Because there is no transcript or vote history provided, there is no documented public committee sentiment in the materials beyond the bill’s stated findings and purpose.
The central point of contention is abortion policy. Supporters of the bill would likely view it as ensuring emergency care and legal recognition for born-alive infants, while opponents would likely argue that it creates criminal and civil exposure for providers, may chill abortion-related medical practice, and could conflict with existing abortion rights and medical judgment. Additional contentious provisions include the felony penalties, automatic license suspension, mandatory reporting/transfer duties, the treatment of the infant as a legal person, and the provision allowing legislative intervention in constitutional litigation.