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S 2853Medical Services

Health and Safety - Licensing of Healthcare Facilities

Emergency healthcare facilities must provide information about and access to emergency contraception to sexual assault victims who request it.

Introduced37 Yea0 Nay1 Not voting
Population
Affected
15
Email Legislator
Introduced Mar 4, 2026Committee Senate Health & Human Services

Plain-English Summary

This legislation mandates that all healthcare facilities with emergency care units, including freestanding emergency centers, must provide specific services to victims of sexual assault. These facilities are required to provide medically accurate written information about emergency contraception and inform victims of its availability. Furthermore, if a victim requests emergency contraception, the facility must provide it. The bill authorizes the Director of the Department of Health to investigate any reported violations of these requirements and to create regulations to ensure compliance.

For younger readers

This law is designed to help people who have been hurt by a bad attack and go to the hospital for help. It says that doctors and nurses in the emergency room must tell these patients about a special medicine called emergency contraception. This medicine can stop a pregnancy before it starts. If the patient asks for this medicine, the hospital has to give it to them. This makes sure that people who are hurt get the choices and care they need right away.

Who & Where It Applies

Impacted groups
Sexual assault victimsEmergency care facilitiesHospitalsDepartment of HealthMedical professionals
Impacted communities
All

Constitutional & Fiscal Check

There is a potential risk regarding the First Amendment if this mandate is applied to religious hospitals that object to contraception on faith-based grounds. While courts have often balanced this by citing the state's compelling interest in victim care, religious institutions may argue it violates their religious freedom. Due process risks are low as the bill allows for regulatory oversight. The risk is moderate but specific to religious liberty challenges.

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Ensures that victims of sexual assault have guaranteed access to emergency contraception, protecting their bodily autonomy and reproductive rights during a crisis.
  • Mandates that healthcare facilities provide medically accurate information, which helps combat misinformation and ensures patients can make informed decisions about their health.
  • Standardizes care across all emergency facilities, ensuring that victims receive equitable treatment regardless of the specific hospital or clinic they visit.
  • Places the burden on the victim to request the medication rather than making the administration of emergency contraception a standard, automatic part of the treatment protocol.
  • Relying on the Director of Health to investigate violations "as deemed appropriate" may result in inconsistent enforcement or lack of accountability for facilities that fail to comply.
  • Does not explicitly address potential refusals based on the personal or religious objections of individual providers, which could still create barriers to access in practice.
For Conservatives
  • Supports victims of violent crime by ensuring they receive comprehensive and immediate medical attention following an assault.
  • Clarifies the specific legal responsibilities of healthcare facilities, reducing ambiguity regarding the required standard of care for emergency units.
  • Focuses on providing information and immediate medical treatment to victims without creating a new, taxpayer-funded government entitlement program.
  • Compels private and religious healthcare institutions to provide services and information that may violate their moral or religious conscience regarding contraception.
  • Increases government regulation and interference in the operational protocols of private healthcare facilities.
  • Mandates the provision of pharmaceutical products that some conservatives may view as objectionable or controversial, removing the facility's discretion.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 10 additions · 1 deletion

SECTION 1. Section 23-17-26 of the General Laws in Chapter 23-17 entitled "Licensing of Healthcare Facilities" is hereby amended to read as follows: 23-17-26. Emergency health care.

(a) Every healthcare facility that has an emergency medical-care unit, including freestanding emergency-care facilities, shall provide to every person prompt, life-saving, medical- care treatment in an emergency, and a sexual-assault examination for victims of sexual assault, without discrimination on account of economic status or source of payment, and without delaying treatment for the purpose of a prior discussion of the source of payment unless the delay can be imposed without material risk to the health of the person.

(b) Every healthcare facility as provided in subsection (a) of this section that provides emergency treatment to a victim of sexual assault shall promptly provide:

(1) Medically and factually accurate and objective written information prepared by the director of the department of health about emergency contraception;

(2) Information about the availability of emergency contraception; and

(3) Upon request by the victim, emergency contraception. (b)(c) Violations of this section shall be reported to the director of the state department of health who shall investigate the violations as the director deems appropriate.

(d) The director of the department of health may promulgate rules, regulations, and/or guidance to carry out the provisions of this section.

SECTION 2. This act shall take effect upon passage.