Rhode Island Senate Bill S2478

Rhode Island 2026 Regular Session

• Introduced: 2/6/26
• Refer: 2/6/26

Caption

RELATING TO CRIMINAL OFFENSES -- CHILDREN

Summary

S2478 would add a new section to Rhode Island’s children statutes 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 gestational stage or the circumstances of delivery. The bill also provides that if the failure to provide reasonable care results in the infant’s death, the medical professional would be guilty of manslaughter. At the same time, the bill 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 is not needed to save the infant’s life, carries risks outweighing its benefits, or would only temporarily prolong dying when death is imminent.

Impact

If enacted, S2478 would create a new criminal offense in Rhode Island law and expand potential criminal liability for licensed medical personnel involved in the care of newborns who are born alive. It would add a specific statutory standard for what constitutes a “born alive” infant and would expose covered providers to felony penalties, and in fatal cases, manslaughter charges. The bill would also preserve parental or guardian authority to decline nonessential or unreasonable treatment, limiting the statute’s reach to failures to provide medically reasonable care.

Sentiment

No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the bill text and caption, the measure appears to be framed as a child-protection and newborn-care enforcement bill, with an emphasis on ensuring medical treatment for infants born alive. The absence of voting history or hearing testimony means the overall sentiment cannot be measured from the available materials.

Contention

The main point of potential contention is the scope of criminal liability for medical professionals, especially the bill’s requirement that care be “reasonable” and the possibility of felony or manslaughter charges for failures in treatment. Another likely area of debate is the bill’s broad definition of “born alive,” which could raise questions about how it applies in complex delivery or neonatal care situations. Supporters would likely focus on protecting newborns and enforcing a duty of care, while critics may be concerned about medical judgment, prosecutorial discretion, and the interaction between the statute and end-of-life or medically futile treatment decisions.