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S 2115Medical Services

Health and Safety - Health Care Power of Attorney

This bill invites all Rhode Island hospitals to provide a notary public 24/7 to help patients sign legal documents.

Held for study
Population
Affected
25
Introduced Jan 16, 2026Committee Senate Health & Human Services

Plain-English Summary

This legislation mandates that every hospital in Rhode Island must have a notary public on staff and available 24 hours a day, 7 days a week. The notary must be available through the patient services department to visit patients in their rooms upon request. Their role is to notarize important legal and healthcare documents, specifically advance directives, powers of attorney, and wills. To utilize this service, patients must provide a valid ID and sign the documents in the presence of the notary.

For younger readers

Sometimes when people are in the hospital, they need to sign very important papers about their health or their belongings. To make these papers official, a person called a "notary" has to watch them sign and stamp the paper. This new rule says that every hospital must have a notary working there all day and all night. This means if a sick person needs to sign papers, the notary can come right to their room to help them, and they won't have to wait or find someone from outside the hospital.

Who & Where It Applies

Impacted groups
Hospital AdministratorsHospital PatientsNotaries PublicDoctors and NursesFamilies of Patients
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Ensures equitable access to legal rights for low-income or isolated patients who may not have the resources or connections to hire a private mobile notary during a medical crisis.
  • Empowers patients to maintain autonomy over their healthcare decisions and end-of-life care by removing logistical barriers to finalizing advance directives.
  • Protects vulnerable families from potential legal chaos regarding assets and guardianship by facilitating the timely execution of wills and powers of attorney.
  • Creates an additional administrative cost for non-profit and safety-net hospitals, which could potentially divert limited funds away from direct medical care and social services.
  • Does not explicitly prohibit hospitals from charging patients a fee for this service, potentially creating a financial barrier for the poor despite the onsite availability.
  • Focuses on bureaucratic legal procedures rather than addressing the systemic issues regarding the quality, affordability, or accessibility of actual healthcare services.
For Conservatives
  • Protects individual property rights and family legacies by ensuring that wills and estate documents can be executed immediately and legally, even during medical emergencies.
  • Strengthens personal liberty by facilitating advance directives, ensuring that a patient's specific medical choices are respected rather than defaulting to hospital policy or government standards.
  • Upholds the rule of law by creating a structured environment where legal documents are executed with proper identification and witnessing protocols within institutions.
  • Imposes an unfunded government mandate on private businesses (hospitals), interfering with their operational freedom and right to manage their own staffing levels.
  • Creates an inefficient regulatory burden by requiring 24/7 staffing for a service that may have low demand during overnight hours, driving up healthcare overhead costs.
  • Expands the scope of medical facilities into legal services, interfering with the free market where private notaries and attorneys typically provide these services.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 11 additions

SECTION 1. Chapter 23-4.10 of the General Laws entitled "Health Care Power of Attorney" is hereby amended by adding thereto the following section: 23-4.10-2.1. Notary public in hospitals.

(a) All hospitals in Rhode Island shall have a notary public on staff and available twenty- four (24) hours a day and seven (7) days a week.

(b) The notary shall be available through the patient services department to notarize important healthcare and legal documents including:

(1) Advance directive to hospital personnel;

(2) Powers of attorney; and

(3) Wills.

(c) Upon request the notary public shall visit the patient in their room during the hospitalization. A valid ID shall be required from the patient and documents shall be signed in the presence of the notary.

SECTION 2. This act shall take effect upon passage.