§ 23-101-2. Definitions.
As used in this chapter, the followings words shall have the following meanings unless
the context clearly indicates otherwise:
(1) "Aggrieved person� means:
(i) A person against whom hostile litigation is filed or prosecuted or the legal representative
of a person against whom hostile litigation is filed or prosecuted; or
(ii) The employer of a person against whom hostile litigation is filed or prosecuted if
the legally protected healthcare activity or aiding and assisting legally protected
healthcare activity of the person that forms the basis of the hostile litigation was
performed within the scope of the person's employment.
(2) "Aid and assist legally protected healthcare activity� and "aiding and assisting legally
protected healthcare activity� mean:
(i) Any act or omission of a person aiding or effectuating or attempting to aid or effectuate
any other person in legally protected healthcare activity; or
(ii) The provision or administration of, or attempted provision or administration of, insurance
coverage for gender-affirming healthcare services or reproductive healthcare services
to a beneficiary or a dependent of a beneficiary by any insurer, payor, or employer.
(iii) "Aiding and assisting legally protected healthcare activity� does not include any
conduct that violates Rhode Island law or deviates from the applicable standard of
care or that could form the basis of a civil, criminal, or administrative action under
the laws of this state had the course of conduct that forms the basis for liability
occurred entirely within this state.
(3) "Foreign judgment� means any judgment or decree of a court of another state.
(4) "Gender-affirming healthcare services� means all supplies, care, and services of a
medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic,
preventive, rehabilitative, or supportive nature, including medication, relating to
the treatment of gender dysphoria and gender incongruence in accordance with the accepted
standard of care as defined by major medical professional organizations and agencies
with expertise in the field of gender-affirming health care, including the Standards
of Care for the Health of Transgender and Gender Diverse People, Version 8, or subsequent
version, published by the World Professional Association for Transgender Health. "Gender-affirming
healthcare servicesâ€� does not include conversion therapy as defined by § 23-94-2.
(5) "Healthcare provider� means and shall apply to the following:
(i) A qualified physician licensed pursuant to chapters 37 and 37.3 of title 5;
(ii) A qualified osteopathic physician licensed pursuant to chapter 37 of title 5;
(iii) A qualified physician assistant licensed pursuant to chapter 54 of title 5;
(iv) A genetic counselor licensed pursuant to chapter 92 of title 5;
(v) A qualified psychologist licensed pursuant to chapter 44 of title 5;
(vi) A qualified social worker licensed pursuant to chapter 39.1 of title 5;
(vii) An advanced practice registered nurse, and a certified nurse practitioner, licensed
pursuant to chapter 34 of title 5, and a certified registered nurse anesthetist licensed pursuant to chapters 34 and
34.2 of title 5;
(viii) A certified nurse midwife licensed pursuant to chapter 13 of this title;
(ix) A licensed clinical mental health counselor or associate, and a licensed marriage
and family therapist or associate, licensed pursuant to chapter 63.2 of title 5;
(x) An electrologist licensed pursuant to chapter 32 of title 5;
(xi) A speech-language pathologist licensed pursuant to chapter 48 of title 5;
(xii) An occupational therapist licensed pursuant to chapter 40.1 of title 5;
(xiii) A chiropractic physician licensed pursuant to chapter 30 of title 5; and
(xiv) A pharmacist engaging in the practice of pharmacy and licensed pursuant to chapter 19.1 of title 5.
(6) "Hostile litigation� means any litigation or other legal action, including civil,
criminal, or administrative action, to deter, prevent, sanction, or punish any person
engaging in legally protected healthcare activity or aiding and assisting legally
protected healthcare activity by:
(i) Filing or prosecuting any litigation or other legal action in any other state where
liability is based on legally protected healthcare activity or aiding and assisting
legally protected healthcare activity that occurred in this state, including any action
in which liability is based on any theory of vicarious, joint, or several liability;
or
(ii) Attempting to enforce any order or judgment issued in connection with any litigation
or other legal action under subsection (6)(i) of this section by any party to the
action or by any person acting on behalf of any party to the action.
(iii) For purposes of this chapter, litigation or other legal action is based on legally
protected healthcare activity or aiding and assisting legally protected healthcare
activity that occurred in this state if any part of any act or omission involved in
the course of conduct that forms the basis for liability in the action occurs or is
initiated in this state, whether or not the act or omission is alleged or included
in any pleading or other filing in the lawsuit.
(7) "Law enforcement agency� means any police department in any city or town or the state
police as defined in the general laws. For purposes of this act, a law enforcement
agency may include any other non-federal entity in the state charged with the enforcement
of laws relating to the custody of detained persons.
(8) "Legally protected healthcare activity� means:
(i) The exercise and enjoyment or attempted exercise and enjoyment by any person of the
right secured by this state to gender-affirming healthcare services or reproductive
healthcare services; and
(ii) The provision or attempted provision of gender-affirming healthcare services or reproductive
healthcare services that are permitted under the laws and regulations of this state
and that are provided in accordance with the applicable standard of care by a person
properly licensed under the laws of this state and physically present in this state,
regardless of whether the patient is located in this state or whether the person is
licensed in the state where the patient is located at the time the services are rendered.
(iii) "Legally protected healthcare activity� does not include any conduct that could form
the basis of a civil, criminal, or administrative action under the laws of this state
had the course of conduct that forms the basis for liability occurred entirely within
this state and/or in violation of Rhode Island law.
(9) "Reproductive healthcare services� means all supplies, care, and services of a medical,
behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic,
preventive, rehabilitative, or supportive nature, including medication, relating to
pregnancy, contraception, assisted reproduction, pregnancy loss management, or the
termination of a pregnancy in accordance with the applicable standard of care as defined
by major medical professional organizations and agencies with expertise in the field
of reproductive health care.
(10) "State� means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands or any territory or insular possession subject to
the jurisdiction of the United States. The term "this state� refers to the state of
Rhode Island.