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 during an attempted abortion is recognized as a legal person and is entitled to the same medical care as any other infant born alive. The act mandates that healthcare providers must give medically appropriate and reasonable life-saving and life-sustaining medical care to these infants. It outlines the responsibilities of physicians and healthcare providers, including the requirement to provide immediate medical care to a born-alive infant and to inform the mother of the live birth.
The act prohibits denying or depriving an infant of nourishment or medically appropriate care with the intent to cause or allow the infant's death. It also specifies that parents or guardians will not be held criminally or civilly liable for actions of healthcare providers that violate the act without their consent.
Criminal penalties are established for healthcare providers who intentionally, knowingly, or negligently fail to provide the required care, with potential imprisonment of up to ten years or fines of up to $25,000. The act allows for civil actions for compensatory and punitive damages and provides a basis for professional disciplinary actions against violators.
Additionally, the legislation clarifies that it does not create or recognize a right to abortion, does not alter existing abortion laws, and does not affect the legal status or rights of individuals prior to being born alive. The act will take effect upon passage.