S 2478Children

Criminal Offenses - Children

This bill requires medical professionals to provide care to any infant born alive and establishes felony penalties for non-compliance.

Introduced

Population
Affected

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Introduced Feb 6, 2026Committee Senate Judiciary

Plain-English Summary

This legislation mandates that physicians, nurses, and other licensed medical professionals provide reasonable medical care to any infant born alive. The bill defines "born alive" as an infant at any stage of development who exhibits signs of life such as breathing, a heartbeat, or muscle movement after expulsion from the mother. Failure to provide such care is classified as a felony punishable by fines and imprisonment. If the infant dies due to this failure, the provider may be charged with manslaughter. The bill includes exceptions allowing parents to refuse care that is not medically necessary or is futile.

For younger readers

This new rule says that doctors and nurses must help any baby that is born alive. If a baby is born and is breathing, has a heartbeat, or moves its muscles, the medical team has to give the baby medicine and care to help it live. If a doctor or nurse chooses not to help the baby, they could get in big trouble with the police and go to jail. However, parents can still say "no" to treatments that wouldn't actually help the baby get better or if the baby is too sick to survive.

Who & Where It Applies

Impacted groups

PhysiciansNursesHospitals and Medical FacilitiesPregnant WomenInfants

Impacted communities

All

Constitutional & Fiscal Check

Low risk

Minimal but present. While states have broad latitude to regulate medical practice and protect life, the phrase "reasonable medical care" applied to infants at "any stage of development" (including pre-viability) could face Due Process challenges for vagueness. Courts might question whether the mandate forces physicians to perform futile procedures on non-viable infants, though the bill includes exceptions that attempt to mitigate this constitutional concern regarding professional autonomy and parental rights.

Estimated cost

Amount unknown

Estimated revenue

Amount unknown

Bill Analysis

Both viewpoints

For Progressives

Ensures that infants born with disabilities or in vulnerable health situations receive equal access to medical attention and assessment regardless of the circumstances of their birth.
Codifies the right of parents to refuse medical treatment that is not medically necessary or carries risks outweighing the benefits, protecting families from state-forced futile interventions.
Establishes clear criminal accountability and legal standards for medical negligence regarding newborns, ensuring that viable infants are not neglected by medical staff.
May be utilized to intimidate medical providers who perform reproductive health services, potentially reducing access to abortion care through fear of prosecution.
Interferes with the private doctor-patient relationship and complex medical decision-making processes regarding extremely premature or non-viable infants.
The broad definition of "born alive" at "any stage of development" could mandate invasive medical interventions on non-viable fetuses, potentially causing unnecessary trauma to grieving families.

For Conservatives

Affirms the sanctity of life by legally requiring that all infants, regardless of gestational age or the method of delivery, receive medical protection and care.
Holds medical professionals criminally accountable with significant penalties for neglecting infants who survive abortion procedures or premature birth.
Establishes a specific legal definition of "born alive" that recognizes the humanity of the infant based on biological signs of life rather than "viability."
Introduces government regulation into specific medical procedures, which could be viewed as state interference in private professional conduct and decision-making.
The exceptions allowing parents to refuse care based on a risk/benefit analysis or "quality of life" assessment might be seen as insufficiently protecting life in all circumstances.
Expands the criminal code and creates new felonies, potentially increasing the size, scope, and cost of the state's judicial and penal systems.

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.