The proposed bill, titled "The Rhode Island Informed Consent Protection Act," introduces a new chapter to the General Laws concerning healthcare practices related to vaccinations. It mandates that healthcare practitioners must obtain written informed consent from patients or their guardians before administering vaccines. The bill defines "informed consent" as permission granted with knowledge of the possible consequences, including risks and benefits, and requires that this consent be free from coercion, threat, or punishment.
The act explicitly prohibits discrimination against individuals who choose to delay or decline vaccinations, ensuring that such choices do not result in dismissal from medical practices, loss of medical privileges, or discrimination by insurers or employers. Practitioners and healthcare facilities are barred from harassing, coercing, or threatening patients regarding their vaccination choices. Additionally, insurers cannot deny coverage or discriminate against individuals based on their vaccination decisions.
The bill also prohibits practitioners from accepting bonuses or incentives for patient vaccinations and from requiring liability waivers from patients who opt out of vaccinations. It establishes civil penalties for violations, allowing for fines of up to $25,000 per patient for intentional breaches of the law.
Furthermore, the act includes a provision that prevents the Department of Children, Youth, and Families (DCYF) from initiating investigations solely based on a parent's decision to delay or decline vaccinations for their child. The director of the Department of Health is tasked with developing rules and regulations to implement the provisions of this chapter, and the director has the authority to investigate complaints, conduct hearings, and impose penalties for violations. The act is designed to protect patient rights and ensure that informed consent is a fundamental aspect of healthcare related to vaccinations. The bill will take effect upon passage.
Statutes affected: 2565: 40-11-3