§ 23-4.13-2. Noninterference in reproductive health care.
(a) Neither the state, nor any of its agencies, or political subdivisions shall:
(1) Restrict an individual person from preventing, commencing, continuing, or terminating
that individual's pregnancy prior to fetal viability;
(2) Interfere with an individual person's decision to continue that individual's pregnancy
after fetal viability;
(3) Restrict an individual person from terminating that individual's pregnancy after fetal
viability when necessary to preserve the health or life of that individual;
(4) Restrict the use of evidence-based, medically recognized methods of contraception
or abortion except in accordance with evidence-based medically appropriate standards
that are in compliance with state and federal statutes enumerated in subsections (c)(1)
and (c)(2), department of health regulations and standards referenced in subsection
(c)(3), and subsection (d); or
(5) Restrict access to evidence-based, medically recognized methods of contraception or
abortion or the provision of such contraception or abortion except in accordance with
evidence-based medically appropriate standards that are in compliance with state and
federal statutes enumerated in subsections (c)(1) and (c)(2), department of health
regulations and standards referenced in subsection (c)(3), and subsection (d).
(b) For purposes of this section, "fetal viability� means that stage of gestation where
the attending physician, taking into account the particular facts of the case, has
determined that there is a reasonable likelihood of the fetus' sustained survival
outside of the womb with or without artificial support.
(c) Notwithstanding the foregoing, this section shall not be construed to:
(1) Abrogate the provisions of §§ 11-9-18 titled "Care of babies born alive during attempted abortions,â€� 11-54-1 titled "Experimentation on human fetuses,â€� 23-4.6-1 titled "Consent to medical and surgical care,â€� 23-4.7-1 through 23-4.7-8 titled "Informed consent for abortion,â€� 23-13-21 titled "Comprehensive reproductive health services,â€� 23-17-11 titled "Abortion and sterilization — Protection for nonparticipation — Procedure,â€�
or 42-157-3(d) of the section titled "Rhode Island Health Benefit Exchange — General requirementsâ€�;
(2) Abrogate the provisions of 18 U.S.C. § 1531, titled "Partial-birth abortions prohibitedâ€� and cited as the "Partial-Birth Abortion
Ban Act of 2003�;
(3) Prevent the department of health from applying to licensed healthcare facilities that
provide abortion any generally applicable regulations or standards that are in accordance
with evidence-based, medically recognized standards for the provision of abortion
in compliance with state and federal statutes enumerated in subsections (c)(1) and
(c)(2) and with subsection (d), provided that such application, adoption or enforcement
is not a pretext for violating subsection (a) of this section.
(d) The termination of an individual's pregnancy after fetal viability is expressly prohibited
except when necessary, in the medical judgment of the physician, to preserve the life
or health of that individual.
(1) Any physician who knowingly violates the provisions of this subsection shall be deemed
to have engaged in "unprofessional conductâ€� for the purpose of § 5-37-5.1.
(2) A physician who performs a termination after fetal viability shall be required to
record in the patient's medical records the basis for the physician's medical judgment
that termination was necessary to preserve the life or health of the patient and must
comply with all other relevant requirements applicable to physicians in § 23-3-17.
(3) The director of the department of health is authorized to deny or revoke any license
to practice allopathic or osteopathic medicine or otherwise discipline a licensee
upon finding by the board that the person is guilty of unprofessional conduct under
§ 5-37-5.1(31).