The "Born-Alive Infant Protection Act" is a new chapter added to Title 23 of the General Laws concerning health and safety in Rhode Island. This legislation establishes that any infant born alive as a result of an attempted abortion is considered a legal person and must receive appropriate medical care. It mandates that healthcare providers take all medically appropriate and reasonable steps to preserve the life and health of such infants, and prohibits denying them nourishment or medical treatment based on factors such as disability or parental desire.

The act outlines the responsibilities of medical personnel in the event of a live birth during an abortion procedure, including the requirement for immediate medical care and, if necessary, transfer to a hospital. It specifies that if a physician is unable to perform these duties due to assisting the mother, other healthcare providers must assume these responsibilities. Additionally, the act states that any born-alive infant shall be treated as a legal person under the laws of the state, with rights to medical care and treatment.

Violations of this act are classified as felonies, with penalties including imprisonment for up to ten years and fines of up to $25,000. The act also allows for civil actions for compensatory and punitive damages and provides a basis for professional disciplinary action, including automatic suspension of licenses for healthcare providers convicted of violations.

Furthermore, the act clarifies that the parent(s) or guardian(s) of a born-alive infant shall not be held criminally or civilly liable for the actions of healthcare providers that violate the chapter without their consent. It includes provisions stating that nothing in the act shall be construed to affirm, deny, expand, or contract any legal status or right applicable to any member of the species homo sapiens prior to being born alive, nor shall it affect existing federal or state law regarding abortion or create a right to abortion.

The act also contains a severability clause, ensuring that if any provision is held invalid or unenforceable, the remaining provisions shall still apply. Lastly, the general assembly may appoint members to intervene in any case challenging the constitutionality of this law. The act is set to take effect upon passage.