H 7196Violent Crime Penalties

Criminal Offenses - Children

Mandates medical care for infants born alive and establishes criminal penalties for medical staff who intentionally fail to provide it.

Introduced

Population
Affected

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Introduced Jan 21, 2026Committee House Judiciary

Plain-English Summary

This bill establishes a legal requirement for medical professionals to provide reasonable medical care to any infant born alive, regardless of the stage of development or the method of birth. It defines "born alive" based on vital signs such as breathing or a heartbeat. If a physician or nurse intentionally fails to provide this care, they can face felony charges punishable by fines and up to five years in prison. If the infant dies due to this lack of care, the charge becomes manslaughter. It includes exceptions allowing parents to refuse care that is not medically necessary or is futile.

For younger readers

This new law creates rules for doctors and nurses when a baby is born. It says that if a baby is born alive—meaning it is breathing or has a heartbeat—the medical team must give the baby help and care, even if the baby was born very early. If a doctor or nurse refuses to help the baby on purpose, they can get in big trouble with the police and go to jail. However, parents can still say "no" to treatments that won't help the baby or if the baby is too sick to survive no matter what.

Who & Where It Applies

Impacted groups

PhysiciansNursesInfantsParentsHospital Administrators

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

None

Estimated revenue

Physicians/Nurses: $5,000/fine

Bill Analysis

Both viewpoints

For Progressives

Explicitly protects the rights of parents to refuse medical consent for treatments that are not medically necessary or when the risk outweighs the benefit, upholding family decision-making power.
Establishes a clear legal standard of care for vulnerable infants born preterm, ensuring that viable newborns receive necessary medical attention regardless of the circumstances of their birth.
Provides accountability for medical negligence by establishing criminal penalties for professionals who knowingly and intentionally fail to provide reasonable care to a living human being.
May be viewed as a legislative attempt to stigmatize abortion providers by implying that infanticide is a common occurrence, despite existing laws already prohibiting such acts.
Could force medical professionals to perform invasive, futile, and painful procedures on non-viable infants out of fear of criminal prosecution, rather than focusing on compassionate palliative care.
Increases the policing of medical decisions and the patient-doctor relationship, potentially creating a chilling effect on reproductive healthcare providers.

For Conservatives

Reinforces the sanctity of life by codifying legal protections for all infants born alive, ensuring they are treated as persons under the law regardless of gestational age.
Imposes strict criminal penalties, including manslaughter charges, on medical professionals who fail to preserve life, ensuring accountability and adherence to moral standards.
Addresses concerns regarding "failed abortions" by mandating that any infant extracted with signs of life receives the same standard of care as any other child.
Expands government regulations over the healthcare industry and the specific judgment calls of private medical practitioners.
Includes exceptions for parental refusal of care, which some may view as weakening the absolute mandate to preserve life in all circumstances.
Increases the potential for state interference in private medical decisions, which could theoretically be used as a precedent for broader government overreach in other sectors.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 21 additions

SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by adding thereto the following section: 11-9-22. Care of babies born preterm.

(a) Except as provided in subsection (b) of this section, any physician, nurse, or other licensed medical person who knowingly and intentionally fails to provide reasonable medical care and treatment to an infant born alive, as described in subsection (c) of this section, shall:

(1) Be guilty of a felony and upon conviction shall be fined not exceeding five thousand dollars ($5,000), or imprisoned not exceeding five (5) years, or both; and

(2) If, as a result of that failure, the infant dies, shall be guilty of the crime of manslaughter.

(b) The requirements of this section shall not be construed to prevent an infant's parent(s) or guardian(s) from refusing to give consent to medical treatment or care which is not medically necessary or reasonable, including care or treatment which either:

(1) Is not necessary to save the life of the infant;

(2) Has a potential risk to the infant's life or health that outweighs the potential benefit to the infant of the treatment or care; or

(3) Is treatment that will do no more than temporarily prolong the act of dying when death is imminent.

(c) As used in this section, the term "born alive," with respect to a member of the species homo sapiens, means the complete expulsion or extraction from the mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or by any other means.

SECTION 2. This act shall take effect upon passage.