In Rhode Island
After Roe, abortion is still legal in most circumstances. Keep reading to find out more about your state’s post-Roe abortion laws.”
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
Rhode Island still allows most abortions even after Roe is overturned. Read more about the legal limits Rhode Island places on abortion below.
WHAT’S NEXT
What is my state’s next step in the fight for life, once Roe is overturned?
Rhode Island has NO protection for pre-born babies, so our state has a long way to go in protecting life. Now that Roe is overturned, Rhode Island should advance basic legislation to protect babies who are born alive after botched abortions. The legislature should also consider legislation that protects babies from abortions at the point at which they can feel pain.
Rhode Island must also work to stop bad legislation that would repeal the Abortion Coverage Exclusion in the Medicaid Program.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws are in your state after Roe.
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
If my state won’t ban all abortions, what are the limits to abortion?
Post-viability abortions are banned in Rhode Island except when necessary to save the life of the mother or prevent a grave health risk to the mother. R.I. Gen. Laws § 23-4.13-2(d).
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
Yes: The post-viability ban includes an exception for when an abortion is necessary to save the life of the mother. R.I. Gen. Laws § 23-4.13-2(d).
Penalties for performing an illegal abortion
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
A physician who violates the post-viability limitation might have his or her license indefinitely revoked (R.I. Gen. Laws § 23-4.13-2(d)(3)), or might only receive a reprimand (R.I. Gen. Laws § 23-4.13-2(d)(1)); R.I. Gen. Laws § 5-37-6.3(1)).
Enforcement
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
Mothers who are not given the required notice have a civil cause of action against the abortion provider. R.I. Gen. Laws § 23-4.7-7.
The parent or parents who contest an abortion done on their unemancipated child may file a complaint with the Board of Medical Licensure and Discipline, which will then decide how to respond. R.I. Gen. Laws § 5-37-5.2; R.I. Gen. Laws § 23-4.7-7.
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
No.
Protecting Fundamental Rights
Parents
Does my state give parents the right to consent for their child to get an abortion?
Yes, consent from one parent is required, with exceptions. R.I. Gen. Laws § 23-4.7-6.
Medical professionals
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Yes. Refusing to participate in an abortion does not form the basis of a claim for damages so long as the medical staff or healthcare facility states their objection in writing. R.I. Gen. Laws § 23-17-11.
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
Yes, failure to provide reasonable care to an infant who survives abortion is punishable by a fine of up to $5,000, or imprisonment for a maximum term of five years. R.I. Gen. Laws § 11-9-18.
If the infant dies as a result of the abortion provider’s failure to provide reasonable care, that provider is guilty of manslaughter. R.I. Gen. Laws § 11-9-18.
Safety & Health of Women
Physician-only requirement
Does an abortion have to be provided by a licensed physician in my state?
Yes: A “licensed healthcare practitioner” may perform non-surgical abortions prior to the 14th week of gestation. 216 RI ADC 20-10-6.3.4(A).; 216 RI ADC 20-10-6.3.1(B).
Only physicians may perform surgical abortions. 216 RI ADC 20-10-6.3.4(A).
Informed consent
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
Yes, counseling is required. R.I. Gen. Laws § 23-4.7-3.
Waiting period
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
No.
MAKING A MORE PROLIFE RHODE ISLAND
Your state does not (yet!) have a state family policy council working on the issue of life at your state’s capitol. But the need to fight for life in your state is critical!
If you’re interested in helping start a state family policy council in Rhode Island, please contact us at: Mail@familypolicyalliance.com.
And, be sure to check out the good prolife work being done by our national allies as well and find a way to plug into the #AfterRoe movement!