{"schema":"abhortion.org/legislation.verbose/v1","id":"legality-us-ri","type":"legislation","level":"state","jurisdiction":"Rhode Island","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Protected; legal to viability","summary":"Rhode Island has codified a statutory right to abortion up to fetal viability, with post-viability bans permitted only to preserve life or health, and protects providers and patients from out-of-state prosecutions through a shield law.","machine_readable_summary":{"legal_classification":"protected_by_statute","gestational_limit_weeks":null,"limit_measured_from":null,"abortion_currently_available":"yes","ban_or_limit_enjoined":false,"mother_expressly_exempt":"unclear","mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":false,"abortion_charged_as_homicide":false,"fetal_homicide_law":false,"fetal_wrongful_death_action":true,"personhood_language_in_law":false,"personhood_contradiction":false,"medication_abortion_distinct_status":false,"mailing_pills_banned":false,"method_bans":[],"telehealth_prescribing_allowed":true,"physician_only_law":true,"provider_max_penalty":"License discipline for unprofessional conduct; no criminal penalty","helpers_criminally_exposed":false,"travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":true,"waiting_period_hours":null,"state_scripted_counseling":false,"ultrasound_required":"none","in_person_visits_required":0,"parental_involvement":"consent_one_parent","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"broader_than_hyde","private_insurance_restricted":false,"state_funding_posture":"funds_providers","rape_incest_exception":"not_applicable","exceptions_present":["life","physical_health","ectopic_miscarriage_carveout"],"major_pending_change":false},"links":{"html":"https://www.abhortion.org/legislation/ri.html","markdown":"https://www.abhortion.org/legislation/ri.md","summary_json":"https://www.abhortion.org/legislation/ri.json","full_json":"https://www.abhortion.org/legislation/ri-full.json","verbose_json":"https://www.abhortion.org/legislation/ri-verbose.json"},"overview":{"title":"Protected; legal to viability","summary":"Rhode Island has codified a statutory right to abortion up to fetal viability, with post-viability bans permitted only to preserve life or health, and protects providers and patients from out-of-state prosecutions through a shield law.","description":"Abortion is legal in Rhode Island up to the point of fetal viability, which means the stage at which a fetus can survive outside the womb, typically around 24 to 26 weeks of pregnancy. After viability, abortion is permitted only when necessary to preserve the pregnant person's life or health. The state has no mandatory waiting period, no ultrasound requirement, and protects people coming to Rhode Island for care from legal attacks by other states. Both medication abortion and procedural abortion are available in the state. Minors must generally obtain consent from one parent, though a judge can waive that requirement.","legal_analysis":"The Reproductive Privacy Act (RPA), R.I. Gen. Laws § 23-4.13-2, enacted in 2019, codified a statutory right to abortion roughly tracking the now-overturned Roe v. Wade framework. The Act prohibits the state from restricting abortion prior to fetal viability and from restricting post-viability abortion when necessary to preserve the health or life of the individual. The RPA was upheld against a constitutional challenge in Benson v. McKee, 273 A.3d 121 (R.I. 2022), and the U.S. Supreme Court denied certiorari in Doe v. McKee, No. 22-201 (2023). The state subsequently enacted a Healthcare Provider Shield Act (2024) and the Equality in Abortion Coverage Act (2023), making Rhode Island one of the strongest abortion-protective states post-Dobbs.","quote":"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.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.13/23-4.13-2.htm","citation":"R.I. Gen. Laws § 23-4.13-2(a)","pinpoint":"subsection (a)","quote":"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.","source_type":"statute"},{"name":"Justia","href":"https://law.justia.com/cases/rhode-island/supreme-court/2022/20-66.html","citation":"Benson v. McKee, 273 A.3d 121 (R.I. 2022)","pinpoint":"slip op.","quote":"The Supreme Court affirmed the judgment of the superior court dismissing Plaintiffs' claims based on lack of standing, holding that there was no error.","source_type":"case"}]},"sections":{"definitions":{"title":"Abortion defined by informed-consent chapter","summary":"Abortion means administering any medicine or employing any instrument with intent to terminate a pregnancy, excluding completion of an incomplete spontaneous miscarriage.","description":"Rhode Island law defines an abortion as using medication or medical instruments with the intent to end a pregnancy when the person performing the procedure knows the person is pregnant. The definition expressly excludes the management of miscarriages — meaning that treating an incomplete miscarriage does not count as an abortion under the law. The definition does not mention ectopic pregnancy, IVF, or embryos outside the womb.","legal_analysis":"The statutory definition appears in R.I. Gen. Laws § 23-4.7-1, within the Informed Consent for Abortion chapter. It defines 'abortion' as administering to a woman, known to be pregnant, any medicine or employing any instrument with intent to terminate a pregnancy, but expressly excludes completing an incomplete spontaneous miscarriage. The Reproductive Privacy Act does not provide its own separate definition. The definition does not address ectopic pregnancy, IVF, or embryos outside the womb; these fall outside the statutory definition's scope because the definition requires administration 'to a woman' and knowledge of pregnancy.","quote":"Abortion for the purpose of this chapter means administering to a woman, known to be pregnant, any medicine, drug, substance, or thing whatever, or the employment upon her of any instrument or means whatever, with intent to terminate a pregnancy. The term shall not include the administering of any medicine, drug, substance, or thing or the employment of any instrument or means for the purpose of completing an incomplete, spontaneous miscarriage.","note":"This definition is limited to Chapter 23-4.7 (Informed Consent for Abortion). The Reproductive Privacy Act (Chapter 23-4.13) does not define 'abortion' separately, relying on the general definition.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/rhode-island/title-23/chapter-23-4-7/section-23-4-7-1","citation":"R.I. Gen. Laws § 23-4.7-1","pinpoint":"section 23-4.7-1","quote":"Abortion for the purpose of this chapter means administering to a woman, known to be pregnant, any medicine, drug, substance, or thing whatever, or the employment upon her of any instrument or means whatever, with intent to terminate a pregnancy. The term shall not include the administering of any medicine, drug, substance, or thing or the employment of any instrument or means for the purpose of completing an incomplete, spontaneous miscarriage.","source_type":"statute","accessed":"Text as displayed in the 2025 edition on Justia."}]},"current_status":{"title":"Abortion legal to viability","summary":"The Reproductive Privacy Act of 2019 codifies abortion as legal up to fetal viability, with post-viability abortion allowed when necessary to preserve life or health.","description":"The Reproductive Privacy Act, passed in 2019, guarantees that abortion is legal in Rhode Island up to the point of fetal viability — typically around 24 to 26 weeks of pregnancy. After viability, abortion is allowed only when needed to preserve the pregnant person's life or health. The law was written to protect abortion access even if the U.S. Supreme Court overturned Roe v. Wade, which it subsequently did in 2022. The Rhode Island Supreme Court upheld the law in 2022.","legal_analysis":"The Reproductive Privacy Act (RPA), P.L. 2019, ch. 27, codified at R.I. Gen. Laws § 23-4.13-1 et seq., enshrines a statutory right to abortion. Section 23-4.13-2(a) prohibits the state from restricting abortion prior to fetal viability and from restricting post-viability abortion when necessary to preserve health or life. Section 23-4.13-2(b) defines fetal viability as 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's sustained survival outside of the womb with or without artificial support. Section 23-4.13-2(d) expressly prohibits termination after fetal viability except when necessary, in the medical judgment of the physician, to preserve the life or health of that individual. The RPA expressly preserves the federal Partial-Birth Abortion Ban Act (18 U.S.C. § 1531), the born-alive statute (§ 11-9-18), informed-consent requirements (§ 23-4.7-1 et seq.), and conscience protections (§ 23-17-11). The RPA also expressly repealed the state's own partial-birth abortion ban (Chapter 23-4.12) and the spousal-notice requirement (Chapter 23-4.8).","quote":"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.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.13/23-4.13-2.htm","citation":"R.I. Gen. Laws § 23-4.13-2","pinpoint":"subsection (d)","quote":"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.","source_type":"statute"},{"name":"Justia","href":"https://law.justia.com/cases/rhode-island/supreme-court/2022/20-66.html","citation":"Benson v. McKee, 273 A.3d 121 (R.I. 2022)","pinpoint":"slip op.","quote":"The Supreme Court affirmed the judgment of the superior court dismissing Plaintiffs' claims based on lack of standing, holding that there was no error.","source_type":"case"}]},"enforcement_status":{"title":"In full effect; RPA upheld","summary":"The Reproductive Privacy Act is in full effect, having been upheld by the Rhode Island Supreme Court in Benson v. McKee (2022), and U.S. Supreme Court certiorari was denied.","description":"Rhode Island's abortion law is in full effect and faces no active injunction. The law was challenged in court, but the Rhode Island Supreme Court dismissed the challenge for lack of standing in May 2022. The U.S. Supreme Court declined to hear a further appeal in 2023. There are no known prosecutorial non-enforcement pledges because there is nothing to decline to enforce — the law protects abortion access rather than restricting it.","legal_analysis":"The Reproductive Privacy Act is fully enforceable. In Benson v. McKee, 273 A.3d 121 (R.I. 2022), plaintiffs — anti-abortion advocates and a fetus they called 'Mary Doe' — challenged the RPA as violating the Rhode Island Constitution's due-process and equal-protection guarantees by allegedly depriving unborn persons of the right to life. The Rhode Island Supreme Court dismissed the claims for lack of standing, holding that the plaintiffs lacked a concrete and particularized injury. The U.S. Supreme Court denied certiorari in Doe v. McKee, No. 22-201 (cert. denied 2023). The state's former abortion-facility licensing regulation (216-RICR-20-10-6) was repealed effective July 13, 2023. The state's partial-birth abortion ban (Chapter 23-4.12) was repealed by the RPA; only the federal ban (18 U.S.C. § 1531) applies.","quote":"The Supreme Court affirmed the judgment of the superior court dismissing Plaintiffs' claims based on lack of standing, holding that there was no error.","note":"Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/cases/rhode-island/supreme-court/2022/20-66.html","citation":"Benson v. McKee, 273 A.3d 121 (R.I. 2022)","pinpoint":"slip op.","quote":"The Supreme Court affirmed the judgment of the superior court dismissing Plaintiffs' claims based on lack of standing, holding that there was no error.","source_type":"case"},{"name":"Rhode Island Secretary of State","href":"https://rules.sos.ri.gov/Regulations/part/216-20-10-6?reg_id=8679","citation":"216-RICR-20-10-6, repealed effective July 13, 2023","quote":"216-RICR-20-10-6 INACTIVE RULE. Type of Filing, Repeal. Regulation Status, Inactive. Effective, 07/13/2023.","source_type":"regulation"}]},"exceptions":{"life":{"title":"Life exception post-viability","type":"life","summary":"Post-viability abortion is permitted when necessary to preserve the life of the pregnant individual.","description":"Rhode Island's abortion law allows abortion after fetal viability when it is necessary to save the pregnant person's life. Because abortion before viability is broadly permitted without restriction beyond informed consent and parental involvement for minors, the life exception primarily operates as a post-viability gateway.","legal_analysis":"R.I. Gen. Laws § 23-4.13-2(d) prohibits post-viability abortion except when necessary, in the medical judgment of the physician, to preserve the life or health of that individual. The life exception is not separately stated from the health exception; both are contained in the same clause. No additional certification, documentation, or reporting beyond the physician's medical judgment is required by the statute, though subsection (d)(2) requires the physician to record the basis for the medical judgment in the patient's record and comply with reporting requirements of § 23-3-17.","quote":"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.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.13/23-4.13-2.htm","citation":"R.I. Gen. Laws § 23-4.13-2(d)","pinpoint":"subsection (d)","quote":"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.","source_type":"statute"}]},"physical_health":{"title":"Health exception freely available","type":"physical_health","summary":"Post-viability abortion is permitted to preserve the pregnant individual's health, without requiring physical rather than mental health specification.","description":"Rhode Island's law allows abortion after viability to preserve the pregnant person's health. The statute uses the unmodified word 'health,' which in legal interpretation encompasses both physical and mental health. The physician's medical judgment is the standard, and no independent medical review or corroboration is required.","legal_analysis":"Section 23-4.13-2(d) permits post-viability termination when necessary to preserve the life or health of that individual. The statute does not qualify 'health' — it does not limit it to 'physical health' or 'serious risk of substantial and irreversible impairment of a major bodily function,' as some other jurisdictions do. Under the interpretive framework of Doe v. Bolton, 410 U.S. 179 (1973), 'health' encompasses all factors — physical, emotional, psychological, familial, and the woman's age — relevant to the wellbeing of the patient. The RPA codified Roe-era standards and this Bolton-compatible reading is consistent with legislative intent.","quote":"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.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.13/23-4.13-2.htm","citation":"R.I. Gen. Laws § 23-4.13-2(d)","pinpoint":"subsection (d)","quote":"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.","source_type":"statute"}]},"mental_health":{"title":"Not explicitly listed; likely covered","type":"mental_health","summary":"The unqualified word health in the post-viability exception has been read by courts to include mental health, though no Rhode Island court has squarely addressed it.","description":"The word health in Rhode Island's law is not limited to physical health. Courts interpreting similar language have held that health includes mental and emotional wellbeing. But Rhode Island courts have not directly ruled on whether the state's particular law covers mental health. In practice, physicians can rely on their medical judgment about what is necessary for the patient's overall health.","legal_analysis":"The RPA uses the unqualified term health in § 23-4.13-2(d). Under Doe v. Bolton, 410 U.S. 179, 192 (1973), the medical judgment about health may be exercised in the light of all factors — physical, emotional, psychological, familial, and the woman's age — relevant to the wellbeing of the patient. The Rhode Island Supreme Court has not directly interpreted 'health' in the RPA, but the statute's text and its Roe-codifying purpose support a broad reading. No certification beyond the physician's medical judgment is required.","quote":"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.","note":"No Rhode Island court has directly construed the scope of health in the RPA. Doe v. Bolton's framework may not bind state-court interpretation but is highly persuasive given the RPA's purpose to codify Roe.","verification":"verified","confidence":"medium","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.13/23-4.13-2.htm","citation":"R.I. Gen. Laws § 23-4.13-2(d)","pinpoint":"subsection (d)","quote":"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.","source_type":"statute"}]},"rape":{"title":"Not required; pre-viability access is broad","type":"rape","summary":"Because abortion is legal to viability without condition, no rape exception is needed or exists as a distinct statutory carve-out.","description":"Rhode Island does not have a specific rape exception for abortion. No such exception is necessary because abortion is legal up to fetal viability without restriction. After viability, the life-or-health exception covers any circumstances, including pregnancy resulting from rape, that place the person's health at risk.","legal_analysis":"The RPA imposes no gestational restrictions prior to viability and requires no justification for pre-viability abortion. Accordingly, a distinct rape exception is not applicable. The post-viability health exception is available regardless of how the pregnancy came about.","verification":"not_applicable","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.13/23-4.13-2.htm","citation":"R.I. Gen. Laws § 23-4.13-2(a)","pinpoint":"subsection (a)","quote":"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...","source_type":"statute"}]},"incest":{"title":"Not required; pre-viability access is broad","type":"incest","summary":"No distinct incest exception exists because abortion is legal to viability without restriction; post-viability, the health exception applies.","description":"There is no specific incest exception in Rhode Island law. Because abortion is fully legal up to fetal viability, there is no need for one. After viability, the health-of-the-pregnant-person exception would apply if needed.","legal_analysis":"Same reasoning as for rape: the RPA's broad pre-viability access renders a distinct incest exception unnecessary.","verification":"not_applicable","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.13/23-4.13-2.htm","citation":"R.I. Gen. Laws § 23-4.13-2(a)","pinpoint":"subsection (a)","quote":"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...","source_type":"statute"}]},"fatal_fetal_anomaly":{"title":"Not required; pre-viability access is broad","type":"fatal_fetal_anomaly","summary":"No distinct fatal fetal anomaly exception exists; pre-viability abortion is unrestricted, and post-viability, the health exception covers severe fetal anomalies.","description":"Rhode Island does not have a separate exception for fatal fetal anomalies. Because abortion is legal to viability without restriction, no specific exception is needed. After viability, a diagnosis of a fatal fetal anomaly could support the physician's medical judgment that abortion is necessary to preserve the pregnant person's health.","legal_analysis":"The broad pre-viability access and the post-viability health exception together cover circumstances involving severe or fatal fetal diagnoses. No freestanding fatal-fetal-anomaly exception is needed or provided.","verification":"not_applicable","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.13/23-4.13-2.htm","citation":"R.I. Gen. Laws § 23-4.13-2(a), (d)","pinpoint":"subsections (a) and (d)","quote":"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...","source_type":"statute"}]},"ectopic_miscarriage_carveout":{"title":"Miscarriage management excluded from definition","type":"ectopic_miscarriage_carveout","summary":"The statutory definition of abortion expressly excludes treatment for incomplete spontaneous miscarriage; ectopic pregnancy treatment falls outside the definition.","description":"Rhode Island law explicitly says that treating an incomplete miscarriage is not an abortion. Ectopic pregnancy treatment, which involves a pregnancy outside the uterus that can never result in a live birth, is also not addressed by the abortion definition and can be treated without restriction.","legal_analysis":"R.I. Gen. Laws § 23-4.7-1 explicitly excludes from the definition of abortion the administering of any medicine or the employment of any instrument for the purpose of completing an incomplete, spontaneous miscarriage. Ectopic pregnancy treatment is not addressed in the statutory definition and, because it involves treatment of a condition that cannot result in a live birth and is performed to save the pregnant person's life, it falls outside any abortion restriction. The RPA's post-viability prohibition is inapplicable because an ectopic pregnancy cannot reach viability.","quote":"The term shall not include the administering of any medicine, drug, substance, or thing or the employment of any instrument or means for the purpose of completing an incomplete, spontaneous miscarriage.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/rhode-island/title-23/chapter-23-4-7/section-23-4-7-1","citation":"R.I. Gen. Laws § 23-4.7-1","pinpoint":"section 23-4.7-1","quote":"The term shall not include the administering of any medicine, drug, substance, or thing or the employment of any instrument or means for the purpose of completing an incomplete, spontaneous miscarriage.","source_type":"statute"}]}},"methods":{"procedural_surgical":{"title":"Legal to viability; no method bans","summary":"Procedural abortion is legal to viability; the state's own partial-birth abortion ban was repealed in 2019, though the federal ban (18 U.S.C. § 1531) remains in effect.","description":"Surgical abortion is legal in Rhode Island through fetal viability. The state repealed its own partial-birth abortion ban in 2019 when it passed the Reproductive Privacy Act, so there are no state-level method bans. The federal Partial-Birth Abortion Ban Act of 2003 still applies, making so-called partial-birth abortion illegal nationwide. There are no D&E bans or other method-specific prohibitions in Rhode Island.","legal_analysis":"The RPA, § 23-4.13-2(c)(2), expressly preserves 18 U.S.C. § 1531 (the federal Partial-Birth Abortion Ban Act of 2003). The RPA simultaneously repealed Rhode Island's own partial-birth abortion ban (formerly codified at Chapter 23-4.12) in P.L. 2019, ch. 27, § 2. Rhode Island has never enacted a D&E (dismemberment) ban. No surgical method is prohibited by state law. The former targeted regulation of abortion providers (216-RICR-20-10-6), which imposed facility requirements specific to abortion, was repealed effective July 13, 2023.","quote":"Notwithstanding the foregoing, this section shall not be construed to: (2) Abrogate the provisions of 18 U.S.C. § 1531, titled Partial-birth abortions prohibited and cited as the Partial-Birth Abortion Ban Act of 2003.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.13/23-4.13-2.htm","citation":"R.I. Gen. Laws § 23-4.13-2(c)(2)","pinpoint":"subsection (c)(2)","quote":"Notwithstanding the foregoing, this section shall not be construed to: (2) Abrogate the provisions of 18 U.S.C. § 1531, titled Partial-birth abortions prohibited and cited as the Partial-Birth Abortion Ban Act of 2003.","source_type":"statute"},{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/BillText19/HouseText19/H5125A.pdf","citation":"2019 R.I. Pub. Laws ch. 27, § 2 (repealing R.I. Gen. Laws ch. 23-4.12)","pinpoint":"§ 2","quote":"Chapter 23-4.12 of the General Laws entitled Partial Birth Abortion is hereby repealed in its entirety.","source_type":"statute"}]},"medication":{"title":"Legal; telehealth permitted","summary":"Medication abortion (mifepristone/misoprostol) is legal to viability, available via telehealth, and not subject to any dispensing or mailing restriction unique to Rhode Island.","description":"Medication abortion — the use of pills like mifepristone and misoprostol — is legal in Rhode Island up to fetal viability. Patients can receive abortion medication through telehealth and by mail. Rhode Island has no laws restricting how medication abortion is dispensed, and its shield law explicitly protects providers who prescribe and mail pills to patients in other states. Providers must still follow FDA rules, but no additional Rhode Island-specific restrictions apply.","legal_analysis":"No Rhode Island statute distinguishes medication abortion from procedural abortion or imposes restrictions unique to medication abortion. Telehealth prescribing and mailing of abortion medication are not prohibited. The Healthcare Provider Shield Act (R.I. Gen. Laws § 23-101-1 et seq., effective June 25, 2024) explicitly protects providers who are physically present in this state and provide reproductive healthcare services — including the termination of a pregnancy — 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. Federal FDA preemption regarding mifepristone's REMS (Risk Evaluation and Mitigation Strategy) applies nationwide and has been the subject of ongoing federal litigation (FDA v. Alliance for Hippocratic Medicine), but Rhode Island has not imposed any supplemental state restrictions beyond the FDA framework.","quote":"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... 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.","note":"Medication abortion availability in practice may be affected by the FDA's mifepristone REMS, which is federal, not state, law. That is the subject of ongoing federal litigation beyond this survey's Rhode Island scope.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-101/23-101-2.htm","citation":"R.I. Gen. Laws § 23-101-2(8)","pinpoint":"subsection (8)","quote":"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... 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.","source_type":"statute"},{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-101/23-101-2.htm","citation":"R.I. Gen. Laws § 23-101-2(9)","pinpoint":"subsection (9)","quote":"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...","source_type":"statute"}]},"self_managed":{"title":"No criminal exposure for pregnant person","summary":"Rhode Island has no statute criminalizing self-managed abortion, and the Reproductive Privacy Act reflects a protective posture toward individuals terminating their own pregnancies.","description":"There is no law in Rhode Island making it a crime for a pregnant person to end their own pregnancy. The state's legal framework is built around protecting the right of individuals to make their own reproductive decisions. While no statute explicitly says a pregnant person may not be prosecuted, the criminal code contains no abortion-related offense applicable to the pregnant person, and the Reproductive Privacy Act gives individuals, not the state, authority over their pregnancies prior to viability.","legal_analysis":"Rhode Island has no statute that criminalizes the pregnant person for self-managing an abortion. The state's pre-Roe criminal abortion statutes were effectively superseded by the RPA, which provides that the state shall not restrict an individual person from terminating that individual's pregnancy prior to fetal viability. R.I. Gen. Laws § 23-4.13-2(a)(1). The informed-consent statute (Chapter 23-4.7) imposes obligations on physicians, not patients. The born-alive statute (§ 11-9-18) applies only to physician, nurse, or other licensed medical person. The repealed fetal-homicide statute (§ 11-23-5, concerning the unborn quick child) was repealed, and the general homicide statutes (§ 11-23-1 et seq.) define murder and manslaughter in terms that are not applicable to a pregnant person's own conduct. There is no reported prosecution of a pregnant person for self-managed abortion in Rhode Island in the modern era.","quote":"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.","note":"While no statute expressly exempts the pregnant person from prosecution, no statute reaches her either. This is an absence-of-law analysis, which inherently carries some uncertainty; a creative prosecutor could theoretically attempt to apply general criminal statutes, but no known precedent supports such an attempt in Rhode Island.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.13/23-4.13-2.htm","citation":"R.I. Gen. Laws § 23-4.13-2(a)(1)","pinpoint":"subsection (a)(1)","quote":"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.","source_type":"statute"}]}},"actors":{"who_may_perform":{"title":"Physician-only under informed-consent law","summary":"The informed-consent statute contemplates a physician performing the abortion, but no statute expressly bars advanced-practice clinicians; the RPA does not specify a provider type.","description":"Rhode Island's informed-consent law refers to the physician who is to perform the abortion, suggesting that a licensed physician must perform the procedure. However, the Reproductive Privacy Act itself does not specify who may provide abortion care. The state's former abortion-facility regulation that required physician performance was repealed in 2023. In practice, advanced-practice clinicians such as nurse practitioners and certified nurse midwives may provide medication abortion under Rhode Island's broad scope-of-practice laws, though this is not explicitly addressed by statute.","legal_analysis":"The informed-consent statute (Chapter 23-4.7) consistently refers to the physician who is to perform the abortion (§§ 23-4.7-3, 23-4.7-5, 23-4.7-7). The post-viability prohibition also references the physician (§ 23-4.13-2(d)(1)-(2)). However, the RPA contains no express physician-only provision. The former licensing regulation (216-RICR-20-10-6) mandated that all termination procedures shall be performed only by a physician, but that regulation was repealed effective July 13, 2023. Rhode Island's scope-of-practice laws for advanced practice registered nurses and physician assistants are relatively broad, and medication abortion in particular may be provided by non-physician clinicians. The Healthcare Provider Shield Act defines healthcare provider broadly to include physician assistants, advanced practice registered nurses, and certified nurse midwives. No admitting-privileges requirement or hospital-only requirement exists.","quote":"Either the physician who is to perform the abortion or his or her authorized agent or another physician or his or her authorized agent shall...","note":"The physician-only language in the informed-consent statute is not explicitly stated as a scope-of-practice limitation, and the RPA is silent on the matter. The repeal of the physician-only regulation in 2023 creates ambiguity about whether non-physician clinicians may perform procedural abortion; medication abortion is widely provided by advanced-practice clinicians in practice.","verification":"verified","confidence":"medium","citations":[{"name":"Justia","href":"https://law.justia.com/codes/rhode-island/title-23/chapter-23-4-7/section-23-4-7-3","citation":"R.I. Gen. Laws § 23-4.7-3(a)","pinpoint":"subsection (a)","quote":"Either the physician who is to perform the abortion or his or her authorized agent or another physician or his or her authorized agent shall...","source_type":"statute"},{"name":"Rhode Island Secretary of State","href":"https://rules.sos.ri.gov/Regulations/part/216-20-10-6?reg_id=8679","citation":"216-RICR-20-10-6 (repealed effective July 13, 2023)","quote":"216-RICR-20-10-6 INACTIVE RULE. Type of Filing, Repeal. Regulation Status, Inactive. Effective, 07/13/2023.","source_type":"regulation"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"No criminal or civil exposure","summary":"No Rhode Island statute criminalizes the pregnant person for obtaining, procuring, or self-managing an abortion; the RPA affirmatively protects her right to terminate pregnancy prior to viability.","description":"The pregnant person faces no criminal or civil liability under Rhode Island law for obtaining an abortion or self-managing one. The law protects her right to make reproductive decisions and imposes no penalty on the person who receives the abortion. This is consistent across all methods — procedural, medication, and self-managed.","legal_analysis":"No provision of Rhode Island law imposes criminal or civil liability on the pregnant person for obtaining or performing an abortion on herself. The informed-consent statute imposes obligations on the physician, not the patient (§ 23-4.7-7). The post-viability prohibition is directed at physicians (§ 23-4.13-2(d)). The born-alive statute targets physician, nurse, or other licensed medical person (§ 11-9-18). The repealed fetal-homicide statute (§ 11-23-5) was repealed in its entirety. No general criminal statute has been applied to a pregnant person for conduct related to pregnancy termination. This positions Rhode Island among the states where the pregnant person is de facto exempt from prosecution.","note":"The absence of an express statutory exemption is typical; Rhode Island simply does not criminalize the pregnant person. No reported prosecution is known.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.13/23-4.13-2.htm","citation":"R.I. Gen. Laws § 23-4.13-2(a)(1)","pinpoint":"subsection (a)(1)","quote":"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.","source_type":"statute"}]},"physician":{"title":"License discipline only","summary":"A physician who knowingly violates post-viability restrictions faces professional discipline for unprofessional conduct; there is no criminal penalty.","description":"Physicians who perform abortion in Rhode Island face no criminal penalties. The only legal consequence for a physician who breaks the rules — primarily, performing a post-viability abortion without a life-or-health justification or failing to obtain proper informed consent — is professional discipline from the medical licensing board. This can include license revocation or suspension. There are no fines or jail time for abortion providers.","legal_analysis":"The sole enforcement mechanism for violations of abortion restrictions is professional discipline. Under § 23-4.13-2(d)(1), any physician who knowingly violates the post-viability prohibition shall be deemed to have engaged in unprofessional conduct for the purpose of § 5-37-5.1. Under § 23-4.13-2(d)(3), the director of the department of health may deny, revoke, or otherwise discipline a license upon a finding of unprofessional conduct. For informed-consent violations, § 23-4.7-7 provides that knowing violation shall be deemed to have engaged in unprofessional conduct, and willful failure to provide required information shall be prima facie evidence of failure to obtain informed consent in an action at law or in equity. There is no criminal penalty, no fine, and no imprisonment for abortion-related violations. The federal Partial-Birth Abortion Ban Act (18 U.S.C. § 1531) carries its own federal criminal penalties, but those are federal, not state.","quote":"Any physician who knowingly violates the provisions of this subsection shall be deemed to have engaged in unprofessional conduct for the purpose of § 5-37-5.1.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.13/23-4.13-2.htm","citation":"R.I. Gen. Laws § 23-4.13-2(d)(1)","pinpoint":"subsection (d)(1)","quote":"Any physician who knowingly violates the provisions of this subsection shall be deemed to have engaged in unprofessional conduct for the purpose of § 5-37-5.1.","source_type":"statute"},{"name":"Justia","href":"https://law.justia.com/codes/rhode-island/title-23/chapter-23-4-7/section-23-4-7-7","citation":"R.I. Gen. Laws § 23-4.7-7","pinpoint":"section 23-4.7-7","quote":"Any physician who knowingly violates the requirements of this chapter shall be deemed to have engaged in unprofessional conduct for the purposes of § 5-37-5.1. The willful failure to provide the woman with the substance of the information pursuant to the requirements of § 23-4.7-3 shall be prima facie evidence of failure to obtain informed consent in an action at law or in equity.","source_type":"statute"}]},"prescriber_pharmacist":{"title":"No distinct criminal exposure","summary":"Non-physician prescribers and pharmacists face no distinct criminal exposure; they could theoretically face license discipline if their conduct constitutes unprofessional conduct.","description":"Advanced-practice clinicians who prescribe medication abortion and pharmacists who dispense the pills face no specific criminal exposure under Rhode Island law. Because the state's regulatory scheme targets the physician performing the abortion, and because the penalty is professional discipline rather than criminal penalties, the exposure for prescribers and pharmacists is limited to possible license consequences for violating standards of professional conduct.","legal_analysis":"The informed-consent and post-viability statutes speak in terms of physician, but the informed-consent statute allows the physician's authorized agent to provide disclosures. The born-alive statute (§ 11-9-18) applies to any physician, nurse, or other licensed medical person. Pharmacists are not directly regulated by abortion-specific statutes. The Healthcare Provider Shield Act (§ 23-101-1 et seq.) broadly protects healthcare providers — including pharmacists and advanced-practice clinicians — from out-of-state actions. No Rhode Island statute specifically addresses filling out-of-state prescriptions for abortion medication; the general pharmacy laws would apply.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-101/23-101-2.htm","citation":"R.I. Gen. Laws § 23-101-2(5)(xiv)","pinpoint":"subsection (5)(xiv)","quote":"Healthcare provider means and shall apply to the following: ... (xiv) A pharmacist engaging in the practice of pharmacy and licensed pursuant to chapter 19.1 of title 5.","source_type":"statute"}]},"nurses_and_staff":{"title":"No criminal exposure","summary":"Nurses and clinical staff face no criminal exposure for assisting lawful abortions; the born-alive statute creates a limited duty of care post-birth.","description":"Nurses and other clinic staff are not at risk of criminal prosecution for assisting with abortion care in Rhode Island. The law imposes no criminal penalty for participating in an abortion. The only relevant obligation applies to the extremely rare case of an infant born alive during an attempted abortion, where nurses and other licensed medical personnel must provide reasonable medical care.","legal_analysis":"No statute imposes criminal liability on nurses or clinic staff for assisting in lawful abortion care. The born-alive statute (§ 11-9-18) applies to any physician, nurse, or other licensed medical person who knowingly and intentionally fails to provide reasonable medical care to an infant born alive in the course of an abortion — a felony punishable by up to five years' imprisonment and a $5,000 fine — and if the infant dies as a result, the crime is manslaughter. This is a post-birth duty of care, not an abortion restriction per se.","quote":"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 in the course of an abortion shall 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.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/rhode-island/title-11/chapter-11-9/section-11-9-18","citation":"R.I. Gen. Laws § 11-9-18","pinpoint":"section 11-9-18","quote":"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 in the course of an abortion shall 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.","source_type":"statute"}]},"other_helpers":{"title":"No criminal or civil exposure","summary":"No Rhode Island statute imposes criminal or civil liability on friends, family, employers, or others who assist with funding, transportation, or logistical support for abortion.","description":"People who help someone obtain an abortion — whether by driving them to a clinic, paying for the procedure, or providing other support — face no legal risk under Rhode Island law. There is no aiding and abetting abortion statute, no civil bounty law, and no restriction on funding or assisting with abortion travel.","legal_analysis":"Rhode Island has no statute that criminalizes or creates civil liability for aiding, abetting, funding, or facilitating another person's abortion. The state has no SB8-style private civil enforcement mechanism. The Healthcare Provider Shield Act (§ 23-101-1 et seq.) affirmatively protects those who aid and assist legally protected healthcare activity, defined broadly to include any act of aiding or effectuating legally protected healthcare. Employers who provide abortion benefits or travel reimbursement are not exposed under state law.","quote":"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...","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-101/23-101-2.htm","citation":"R.I. Gen. Laws § 23-101-2(2)","pinpoint":"subsection (2)","quote":"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...","source_type":"statute"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"No prohibition; shield law protects","summary":"Helping someone travel out of state for abortion is not criminalized; Rhode Island has enacted a shield law to protect against out-of-state prosecutions.","description":"Rhode Island imposes no restrictions on helping someone travel to obtain an abortion, whether within or outside the state. The state has also passed a shield law that blocks Rhode Island agencies from cooperating with out-of-state investigations targeting people who help others access abortion care, and allows people sued in other states to countersue.","legal_analysis":"No Rhode Island statute criminalizes or restricts travel assistance for abortion. Rhode Island has no abortion trafficking statute. The Healthcare Provider Shield Act (§ 23-101-1 et seq., effective June 25, 2024) prohibits public agencies and law enforcement from providing information or resources in furtherance of out-of-state investigations seeking to impose liability for legally protected healthcare activity. Section 23-101-3 generally prohibits compliance with out-of-state subpoenas or requests related to such activity. Section 23-101-4 provides a cause of action for tortious interference with legally protected healthcare activity. Executive Order 22-28 (July 5, 2022) had already ordered non-cooperation and declined interstate extradition for reproductive healthcare cases, but the Shield Act codifies and expands these protections.","quote":"A public agency, including a law enforcement agency, and any person acting on behalf of a public agency may not provide any information or use resources in furtherance of an investigation or proceeding seeking to impose civil, criminal, or administrative liability upon a person or entity for engaging in or assisting legally protected healthcare activity.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-101/23-101-2.htm","citation":"R.I. Gen. Laws § 23-101-2(8)","pinpoint":"subsection (8)","quote":"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... reproductive healthcare services; and (ii) The provision or attempted provision of... reproductive healthcare services that are permitted under the laws and regulations of this state... regardless of whether the patient is located in this state...","source_type":"statute"},{"name":"Office of Governor Daniel J. McKee","href":"https://governor.ri.gov/executive-orders/executive-order-22-28","citation":"Executive Order 22-28 (July 5, 2022)","pinpoint":"Section 1","quote":"No executive agency under the Governor's purview and no employee, appointee, officer, or other person acting on behalf of any such executive agency may provide any information or expend or use time, money, facilities, property, equipment, personnel or other resources in furtherance of any investigation or proceeding initiated in or by another state that seeks to impose civil or criminal liability or professional sanction upon a person or entity for: a. Providing, facilitating, or receiving... reproductive health care services that are legal in Rhode Island.","source_type":"ag_opinion"}]},"funding":{"title":"No restriction on private funding","summary":"No Rhode Island law restricts abortion funds, charitable assistance, employer benefits, or personal financial assistance for abortion care.","description":"There are no Rhode Island laws that stop people from paying for someone else's abortion, donating to abortion funds, or having employers cover travel costs for abortion care. Organizations and individuals can freely fund abortion care in the state.","legal_analysis":"Rhode Island has no statute restricting private funding of abortion, abortion funds, employer travel benefits, or charitable assistance for abortion care. The Equality in Abortion Coverage Act (2023) expanded public funding, not restricted private funding. No law prohibits or limits abortion funds from operating in the state.","note":"Absence of restrictive law confirmed by review of Rhode Island General Laws; no prohibition found.","verification":"not_applicable","confidence":"high"},"mailing_pills":{"title":"Not prohibited; shield law protects","summary":"Mailing abortion medication into or within Rhode Island is not prohibited, and providers who mail pills are protected by the state's shield law.","description":"There is no Rhode Island law against mailing abortion pills into or within the state. The shield law that was enacted in 2024 specifically protects healthcare providers who mail medication to patients in other states, as long as the provider is licensed in Rhode Island and acting from within the state. Federal law and FDA rules still apply, but Rhode Island imposes no additional restrictions.","legal_analysis":"No Rhode Island statute prohibits the mailing, shipping, or receiving of abortion medication. The Healthcare Provider Shield Act § 23-101-2(8)(ii) protects providers physically present in this state who provide reproductive healthcare services regardless of patient location, which includes mailing pills to patients in other jurisdictions. The federal Comstock Act and FDA REMS framework are federal law beyond this survey's scope, but Rhode Island imposes no state-level mailing prohibition.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-101/23-101-2.htm","citation":"R.I. Gen. Laws § 23-101-2(8)(ii)","pinpoint":"subsection (8)(ii)","quote":"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.","source_type":"statute"}]},"providing_information":{"title":"No liability for information or referrals","summary":"Providing information about abortion, including referrals and websites, is not subject to criminal or civil liability in Rhode Island.","description":"Telling someone where to get an abortion, providing a website link, or making a referral is not against the law in Rhode Island. The state has no law restricting the free exchange of information about abortion services, and such speech is protected by the First Amendment.","legal_analysis":"Rhode Island has no statute restricting the provision of information, counseling, or referrals related to abortion. The Reproductive Privacy Act affirmatively protects reproductive decision-making. The Healthcare Provider Shield Act protects those who aid and assist legally protected healthcare activity. Any restriction on abortion-related speech would be subject to First Amendment scrutiny under the line of cases following Bigelow v. Virginia, 421 U.S. 809 (1975), which struck down restrictions on abortion advertising.","note":"No statute restricts abortion-related speech or information. The absence of such a statute is confirmed by a review of the relevant code titles.","verification":"not_applicable","confidence":"high"},"civil_bounty":{"title":"No civil bounty law","summary":"Rhode Island has no SB8-style private civil enforcement mechanism; no person may sue another for performing, receiving, or assisting an abortion.","description":"Rhode Island does not have a law like Texas's SB8 that lets private citizens sue anyone who helps with an abortion. No private person can bring a lawsuit against abortion providers, patients, or helpers. Instead, the state's shield law goes in the opposite direction by giving people sued in other states the right to countersue.","legal_analysis":"No Rhode Island statute creates a private right of action for civil damages against abortion providers, patients, or helpers. Instead, the Healthcare Provider Shield Act § 23-101-4 creates a cause of action for tortious interference with legally protected healthcare activity, allowing persons sued in other states for abortion-related conduct to bring affirmative litigation seeking damages, costs, and attorneys' fees against those who initiated the out-of-state action.","note":"The shield law's affirmative cause of action for tortious interference represents the inverse of a civil bounty: it punishes those who sue, rather than incentivizing lawsuits. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-101/INDEX.htm","citation":"R.I. Gen. Laws § 23-101-1 et seq.","source_type":"statute","accessed":"Chapter 23-101 contains the relevant shield-law provisions including the tortious-interference cause of action."}]}},"procedural_requirements":{"waiting_period":{"title":"No mandatory waiting period","summary":"Rhode Island imposes no mandatory delay between abortion counseling and the procedure; the informed-consent process may occur on the same day as the abortion.","description":"Rhode Island does not require a person seeking an abortion to wait any period of time between receiving information and having the procedure. A person can receive counseling and have the abortion on the same day. This means only one trip to the clinic is needed.","legal_analysis":"The informed-consent statute (Chapter 23-4.7) requires written consent but does not mandate a waiting period. Section 23-4.7-2 requires written consent before the abortion is performed, but nothing in the statute requires a delay between consent and procedure. Rhode Island is among the minority of states with no waiting-period requirement.","quote":"An abortion shall be performed only after the woman has given her consent, in writing, in a form satisfying the provisions of § 23-4.7-5.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.7/23-4.7-2.htm","citation":"R.I. Gen. Laws § 23-4.7-2","pinpoint":"section 23-4.7-2","quote":"An abortion shall be performed only after the woman has given her consent, in writing, in a form satisfying the provisions of § 23-4.7-5.","source_type":"statute"}]},"mandatory_counseling":{"title":"Standard informed consent; no state-scripted materials","summary":"Rhode Island requires standard medical informed-consent disclosure but does not mandate state-scripted counseling materials or medically contested statements.","description":"Rhode Island law requires that before an abortion, the patient must be told that she is pregnant, the estimated gestational age, the nature of the procedure, and the material medical risks. This is essentially what doctors must tell patients before any medical procedure. There is no requirement to read a state-prepared script, and the law does not require the provider to make statements that medical organizations consider inaccurate or misleading.","legal_analysis":"R.I. Gen. Laws § 23-4.7-3 requires the physician or authorized agent to inform the patient of her pregnancy, the estimated gestational age, the medical nature of the abortion, the procedure to be employed, and all known material medical risks. Unlike many states' counseling mandates, Rhode Island's statute does not require disclosure of fetal-development information, does not mandate statements about fetal pain, does not require offering to show ultrasound images, and does not require information about alternatives to abortion. The consent form must include a statement about foster-care and adoption possibilities per § 23-4.7-5(b)(1), but the person providing disclosures shall not be required to state anything with respect to the contents of that statement per § 23-4.7-5(b)(2). The disclosures may be made by the physician's authorized agent.","quote":"Either the physician who is to perform the abortion or his or her authorized agent or another physician or his or her authorized agent shall: (1) Inform the woman that she is pregnant and inform her of the estimated gestational age of the fetus at the time of the disclosure. (2) Explain to the woman the medical nature of an abortion... (3) Explain to the woman the medical or surgical procedure to be employed... (4) Explain to the woman all known material medical risks associated with the particular abortion procedure to be employed.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/rhode-island/title-23/chapter-23-4-7/section-23-4-7-3","citation":"R.I. Gen. Laws § 23-4.7-3","pinpoint":"subsections (a)(1)-(4)","quote":"Either the physician who is to perform the abortion or his or her authorized agent or another physician or his or her authorized agent shall: (1) Inform the woman that she is pregnant and inform her of the estimated gestational age of the fetus at the time of the disclosure. (2) Explain to the woman the medical nature of an abortion... (3) Explain to the woman the medical or surgical procedure to be employed... (4) Explain to the woman all known material medical risks associated with the particular abortion procedure to be employed.","source_type":"statute"},{"name":"Justia","href":"https://law.justia.com/codes/rhode-island/title-23/chapter-23-4-7/section-23-4-7-5","citation":"R.I. Gen. Laws § 23-4.7-5(b)","pinpoint":"subsection (b)","quote":"The form shall in addition include the following statement: If you decide to carry your pregnancy to term but not to keep the child, you may be able to place the child with either a relative, or with another family through foster care or adoption. (2) The person making the disclosures required under § 23-4.7-3 shall not be required to state anything with respect to the contents of subdivision (1) of this subsection.","source_type":"statute"}]},"ultrasound_requirement":{"title":"No ultrasound requirement","summary":"Rhode Island law does not require an ultrasound before abortion; neither mandatory performance nor display is required.","description":"Rhode Island does not require a person seeking an abortion to have an ultrasound, nor does it require that an ultrasound image be shown or described. This is in contrast to states that mandate ultrasounds as part of the abortion process.","legal_analysis":"No Rhode Island statute or regulation mandates the performance, offering, or display of an ultrasound before abortion. The informed-consent statute requires that the patient be informed of the estimated gestational age, but nothing requires that this determination be made via ultrasound as opposed to last menstrual period dating or physical examination.","note":"Absence of an ultrasound mandate confirmed by review of Chapters 23-4.7 and 23-4.13.","verification":"not_applicable","confidence":"high"},"in_person_visits":{"title":"One in-person visit sufficient","summary":"Because there is no waiting period and no requirement for in-person counseling, a single in-person visit is sufficient for both medication and procedural abortion.","description":"Because Rhode Island has no waiting period and allows counseling to happen the same day as the procedure, a person can get an abortion in a single visit. Medication abortion may not require any in-person visit at all if obtained via telehealth.","legal_analysis":"The informed-consent statute does not mandate that counseling be provided in person or on a separate day from the procedure. Consent may be obtained, counseling provided, and the abortion performed in one visit. For medication abortion via telehealth, no in-person visit is statutorily required, though the FDA REMS framework may impose certain in-person requirements under federal law.","note":"Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/rhode-island/title-23/chapter-23-4-7/section-23-4-7-2","citation":"R.I. Gen. Laws § 23-4.7-2 through § 23-4.7-5","source_type":"statute","accessed":"Statutory scheme contains no in-person requirement for counseling."}]}},"minors":{"parental_involvement":{"title":"One-parent consent; judicial bypass available","summary":"An unemancipated minor under 18 who has not married must obtain consent from one parent or guardian, or obtain a judicial bypass from family court.","description":"In Rhode Island, if a pregnant person is under 18 and not married or legally emancipated, they generally need to get consent from one parent before having an abortion. If they cannot or do not want to involve a parent, they can go to family court and ask a judge to approve the abortion instead. The court process is confidential and is supposed to be handled quickly.","legal_analysis":"R.I. Gen. Laws § 23-4.7-6 requires that for a pregnant person under 18 who has not married and is not emancipated, an abortion shall not be performed upon her unless both the consent of the pregnant woman and that of at least one of her parents is obtained. If a parent or guardian is unavailable, consent of the legal guardian or one guardian is sufficient. If neither parent or guardian agrees, or if the minor elects not to seek parental consent, a family court judge may authorize the abortion upon determining either that the minor is mature and capable of giving informed consent or that the performance of an abortion upon her would be in her best interests. No exception is stated for medical emergency, but the judicial bypass mechanism is designed to be expeditious. The RPA preserved this provision (§ 23-4.13-2(c)(1)).","quote":"If a pregnant woman is less than eighteen (18) years of age and has not married, an abortion shall not be performed upon her unless both the consent of the pregnant woman and that of at least one of her parents is obtained, except as provided in this section.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.7/23-4.7-6.HTM","citation":"R.I. Gen. Laws § 23-4.7-6","pinpoint":"section 23-4.7-6","quote":"If a pregnant woman is less than eighteen (18) years of age and has not married, an abortion shall not be performed upon her unless both the consent of the pregnant woman and that of at least one of her parents is obtained, except as provided in this section.","source_type":"statute"}]},"judicial_bypass":{"title":"Maturity or best-interests standard","summary":"A family court judge may authorize an abortion if the minor is mature enough to give informed consent or if abortion is in her best interests, with confidentiality and expedited proceedings.","description":"A minor who does not want to or cannot get a parent's consent can go to family court and ask a judge for permission instead. The judge must approve the abortion if the minor is mature enough to make the decision on her own, or if the abortion is in her best interests even if she is not mature. The court hearing is confidential and given priority so it can happen quickly. The minor gets a guardian ad litem (a court-appointed advocate) to represent her.","legal_analysis":"Section 23-4.7-6 provides the bypass mechanism: a family court judge shall, upon petition, or motion, and after an appropriate hearing, authorize a physician to perform the abortion, if the judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion or if the judge determines that she is not mature, but that the performance of an abortion upon her would be in her best interests. The minor may participate in proceedings on her own behalf and is entitled to a guardian ad litem. Proceedings are confidential and shall be given such precedence over other pending matters that the court may reach a decision promptly and without delay. The judge must make written findings of fact and legal conclusions and maintain a record of evidence. The bypass mechanism satisfies constitutional requirements as articulated in Bellotti v. Baird, 443 U.S. 622 (1979).","quote":"A judge of the family court shall, upon petition, or motion, and after an appropriate hearing, authorize a physician to perform the abortion, if the judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion or if the judge determines that she is not mature, but that the performance of an abortion upon her would be in her best interests.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.7/23-4.7-6.HTM","citation":"R.I. Gen. Laws § 23-4.7-6","pinpoint":"section 23-4.7-6","quote":"A judge of the family court shall, upon petition, or motion, and after an appropriate hearing, authorize a physician to perform the abortion, if the judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion or if the judge determines that she is not mature, but that the performance of an abortion upon her would be in her best interests.","source_type":"statute"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"Repealed; no spousal notice on books","summary":"Rhode Island's spousal-notice requirement (Chapter 23-4.8) was repealed in 2019 by the Reproductive Privacy Act; no spousal or paternal consent law remains.","description":"Rhode Island used to have a law requiring that a spouse be notified before an abortion. That law was repealed in 2019 when the Reproductive Privacy Act was passed. Today, there is no law requiring a spouse, partner, or the biological father to be notified or to consent to an abortion.","legal_analysis":"Former Chapter 23-4.8 (Spousal Notice for Abortion) was repealed in its entirety by the Reproductive Privacy Act, P.L. 2019, ch. 27, § 2. The repeal is expressly catalogued in the act's text. No spousal or paternal consent or notice requirement remains on the books. Under Planned Parenthood v. Danforth, 428 U.S. 52 (1976), and Planned Parenthood v. Casey, 505 U.S. 833 (1992), spousal consent requirements were held unconstitutional; Rhode Island's repeal is consistent with that precedent.","quote":"Chapter 23-4.8 of the General Laws entitled Spousal Notice for Abortion is hereby repealed in its entirety.","note":"Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/BillText/BillText19/HouseText19/H5125B.pdf","citation":"P.L. 2019, ch. 27, § 2 (2019-H 5125 Substitute B)","pinpoint":"§ 2","quote":"Chapter 23-4.8 of the General Laws entitled Spousal Notice for Abortion is hereby repealed in its entirety.","source_type":"statute"}]},"enforceability":{"title":"Not applicable; law repealed","summary":"No enforceability question arises because the spousal-notice law was repealed in 2019; even if still on the books, it would be unconstitutional under Danforth and Casey.","description":"Since the spousal notice law was fully repealed, there is no enforceability question. Even if it had not been repealed, the U.S. Supreme Court decisions in Danforth (1976) and Casey (1992) made clear that spousal consent and notice requirements are unconstitutional. After the Dobbs decision in 2022, Rhode Island could theoretically reenact such a law, but it has not done so.","legal_analysis":"The spousal-notice statute (Chapter 23-4.8) was repealed by the 2019 RPA. Had it not been repealed, it would have been unenforceable under Planned Parenthood v. Danforth, 428 U.S. 52 (1976) (spousal consent unconstitutional) and Planned Parenthood v. Casey, 505 U.S. 833, 887-98 (1992) (spousal notice unconstitutional as an undue burden). Dobbs v. Jackson Women's Health Organization, 142 S. Ct. 2228 (2022), overruled Roe and Casey, creating the possibility that spousal-involvement laws could be reenacted and defended. The Rhode Island General Assembly has not introduced any such legislation as of the 2025 session.","note":"Dobbs did not explicitly address spousal-involvement laws, but by overruling Casey's undue-burden standard, it removed the constitutional obstacle. Rhode Island has not attempted to reenact such a law. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Justia / U.S. Supreme Court","href":"https://supreme.justia.com/cases/federal/us/505/833/","citation":"Planned Parenthood v. Casey, 505 U.S. 833, 887-98 (1992)","pinpoint":"at 887-98","source_type":"case","accessed":"Casey struck down Pennsylvania's spousal notification requirement as an undue burden."}]},"other_paternal_rights":{"title":"No paternal rights over abortion decision","summary":"The father has no legal right to veto, delay, or be notified of an abortion; a viable fetus may support a wrongful-death action by a parent.","description":"A biological father or partner has no legal right to prevent, delay, or be notified of an abortion in Rhode Island. The decision belongs to the pregnant person alone. However, if a viable fetus is killed by someone else's wrongful act (such as in a car accident), the parent may be able to bring a wrongful-death lawsuit.","legal_analysis":"No Rhode Island statute grants a biological father or spouse any right to consent, notice, veto, or delay of an abortion. Under Miccolis v. Amica Mutual Insurance Co., 587 A.2d 67 (R.I. 1991), a nonviable fetus is not a person for purposes of the wrongful-death statute. However, under Presley v. Newport Hospital, 117 R.I. 177, 365 A.2d 748 (1976), a viable fetus IS a person for wrongful-death purposes, and a parent (or the estate) may bring a wrongful-death action for a viable fetus killed by a third party. There is no known Rhode Island case in which a father successfully enjoined an abortion.","quote":"The sole question to be decided on this appeal is whether a nonviable five-week-old fetus is a person for purposes of our wrongful-death statute.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/cases/rhode-island/supreme-court/1991/587-a-2d-67.html","citation":"Miccolis v. Amica Mut. Ins. Co., 587 A.2d 67 (R.I. 1991)","quote":"The sole question to be decided on this appeal is whether a nonviable five-week-old fetus is a person for purposes of our wrongful-death statute.","source_type":"case"},{"name":"Justia","href":"https://law.justia.com/cases/rhode-island/supreme-court/1978/365-a-2d-748.html","citation":"Presley v. Newport Hospital, 117 R.I. 177, 365 A.2d 748 (1976)","source_type":"case","accessed":"Holding that a viable fetus is a person under the Rhode Island Wrongful Death Act."}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"No fetal homicide statute in force","summary":"The Rhode Island fetal-homicide statute (§ 11-23-5), which criminalized the killing of an unborn quick child, has been repealed.","description":"Rhode Island no longer has a fetal homicide law. The old statute that made it a crime to kill an unborn quick child was repealed. The regular homicide laws (murder, manslaughter) apply only to born persons. This means that causing the death of a fetus by an act of violence against a pregnant person is not charged as a separate homicide in Rhode Island.","legal_analysis":"Former R.I. Gen. Laws § 11-23-5, which criminalized the willful killing of an unborn quick child, was repealed. The current homicide chapter (§ 11-23-1 et seq.) contains no fetal-homicide provision. Chapter 11-23-1 (murder) and § 11-23-3 (manslaughter) apply to the death of a person, which under Rhode Island common law requires live birth. No fetal-homicide bill has been enacted. In the 2025 session, bills H5295, H5296, and H5661 (which would have amended born-alive and wrongful-death provisions related to fetuses) were introduced but not passed.","quote":"[Repealed.]","note":"The exact date of repeal was not identified in research, but the 2025 code confirms the section is no longer operative. Repeal likely occurred through criminal code revision or the Reproductive Privacy Act of 2019.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/rhode-island/title-11/chapter-11-23","citation":"R.I. Gen. Laws § 11-23-5 (repealed)","pinpoint":"section 11-23-5","quote":"Section 11-23-5. [Repealed.]","source_type":"statute","accessed":"2025 code edition displays this section as repealed."}]},"wrongful_death":{"title":"Viable fetus only; nonviable excluded","summary":"A viable fetus is a person for wrongful-death actions; a nonviable fetus is not, under Miccolis v. Amica (1991).","description":"In Rhode Island, if a viable fetus (one that could survive outside the womb) dies because of someone else's negligent or wrongful act, the parent can bring a wrongful-death lawsuit. But a nonviable fetus — one too early in pregnancy to survive outside the womb — does not qualify as a person for wrongful-death claims. The Rhode Island Supreme Court drew this line in a 1991 decision.","legal_analysis":"In Presley v. Newport Hospital, 117 R.I. 177, 365 A.2d 748 (1976), the Rhode Island Supreme Court held that a viable fetus is a person under the wrongful-death statute (R.I. Gen. Laws § 10-7-1). In Miccolis v. Amica Mutual Insurance Co., 587 A.2d 67 (R.I. 1991), the court held that a nonviable five-week-old fetus is not a person. The court wrote: 'We do not believe that the Legislature intended a nonviable fetus to be defined as a person within the meaning of the wrongful-death statute.'","quote":"We do not believe that the Legislature intended a nonviable fetus to be defined as a person within the meaning of the wrongful-death statute.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/cases/rhode-island/supreme-court/1991/587-a-2d-67.html","citation":"Miccolis v. Amica Mut. Ins. Co., 587 A.2d 67, 71 (R.I. 1991)","pinpoint":"at 71","quote":"We do not believe that the Legislature intended a nonviable fetus to be defined as a person within the meaning of the wrongful-death statute.","source_type":"case"}]},"personhood_definition":{"title":"No fetal-personhood definition in law","summary":"Rhode Island has no statutory or constitutional definition treating a fetus as a person from conception; the 1986 personhood ballot measure was defeated.","description":"Rhode Island law does not define a fetus as a person. Voters rejected a 1986 ballot measure that would have amended the constitution to give unborn offspring at every stage of their biological development beginning with fertilization a paramount right to life. The state constitution today explicitly says that nothing in its equal-protection and due-process article shall be construed to grant or secure any right relating to abortion or the funding thereof, which prevents courts from finding either an abortion right or a fetal right to life in the state constitution.","legal_analysis":"Rhode Island has no fetal-personhood statute. The 1986 constitutional convention referred Question 14 to voters, which would have established an inalienable and paramount right to life for all human beings, including their unborn offspring at every stage of their biological development beginning with fertilization. Voters rejected it with 65.81% voting No. Separately, Article I, Section 2 of the Rhode Island Constitution — adopted through a separate 1986 ballot measure — includes the clause: 'Nothing in this section shall be construed to grant or secure any right relating to abortion or the funding thereof.' This operates as a double-edged sword: it prevents both the recognition of a constitutional abortion right and a constitutional fetal-personhood right under Rhode Island's equal-protection and due-process clause. The born-alive statute (§ 11-9-18) treats an infant born alive during an abortion as a legal person, but this is a post-birth, not prenatal, concept.","quote":"Nothing in this section shall be construed to grant or secure any right relating to abortion or the funding thereof.","verification":"verified","confidence":"high","citations":[{"name":"FindLaw","href":"https://codes.findlaw.com/ri/rhode-island-constitution/ri-const-art-i-sect-2","citation":"R.I. Const. Art. I, § 2","pinpoint":"Art. I, § 2","quote":"Nothing in this section shall be construed to grant or secure any right relating to abortion or the funding thereof.","source_type":"constitution"},{"name":"Ballotpedia","href":"https://ballotpedia.org/Rhode_Island_Question_14,_Constitutional_Right_to_Life_and_Abortion_Prohibited_Amendment_(1986)","citation":"Rhode Island Question 14 (1986)","pinpoint":"Proposed Article XVI, Section 1","quote":"All human beings, including their unborn offspring at every stage of their biological development beginning with fertilization, are persons who are protected in their inalienable and paramount right to life...","source_type":"ballot_measure","accessed":"Defeated ballot measure, 65.81% No."}]},"contradictions_analysis":"Rhode Island is internally consistent on fetal personhood in a way that favors abortion access. The state repealed its fetal-homicide statute, rejected a fetal-personhood constitutional amendment, and codified a statutory right to abortion. The only tension is between the wrongful-death line of cases — which treats a viable fetus as a person for civil recovery purposes — and the RPA's treatment of the fetus as not a rights-holder. This is a tension present in virtually every state that recognizes both abortion rights and fetal wrongful-death actions, and it reflects a pragmatic choice: the wrongful-death cause of action compensates grieving parents when a wanted pregnancy is lost through another's negligence, while the abortion framework protects the pregnant person's autonomy over whether to continue the pregnancy. Rhode Island's Supreme Court reconciled these by tying wrongful-death standing to viability — a stage at which the state's interest in fetal life also becomes cognizable under the RPA. The born-alive statute (§ 11-9-18) treats an infant born alive as a person, but this is not a fetal personhood concept; it applies post-birth and is consistent with the RPA's express preservation of that statute. The state constitution's Art. I, § 2 abortion-funding clause is notable in that it blocks both pro-choice and pro-life constitutional interpretations — a symmetry that has kept Rhode Island's abortion debate in the legislature, not the courts."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth permitted; no state restriction","summary":"Abortion medication may be prescribed via telehealth to a patient in Rhode Island; no state law requires an in-person visit for medication abortion.","description":"A person in Rhode Island can get a prescription for abortion pills through a telehealth appointment. No Rhode Island law requires an in-person visit for medication abortion. Both in-state and out-of-state providers can prescribe by telehealth, though out-of-state prescribers must comply with Rhode Island's general telehealth and licensure rules.","legal_analysis":"No Rhode Island statute prohibits telehealth prescribing of abortion medication. The informed-consent statute does not mandate in-person counseling. The RPA does not address the mode of service delivery. The Healthcare Provider Shield Act protects providers physically located in Rhode Island who provide services to patients regardless of location, including by telehealth. Providers outside Rhode Island who prescribe to Rhode Island patients must be licensed in Rhode Island or otherwise comply with interstate telehealth provisions.","note":"No restriction on telehealth prescribing exists in Rhode Island law. FDA REMS requirements are federal and outside this survey's scope.","verification":"not_applicable","confidence":"high"},"out_of_state_travel":{"title":"Travel out of state not restricted","summary":"Rhode Island does not restrict residents from traveling out of state for abortion, and no statute attempts to reach conduct occurring outside the state.","description":"Rhode Island places no legal barriers on residents who want to travel to another state for an abortion. The state does not try to regulate or punish out-of-state conduct. People are free to travel to Massachusetts, Connecticut, or anywhere else for abortion care without legal consequence.","legal_analysis":"No Rhode Island statute restricts interstate travel for abortion. No abortion trafficking or similar statute exists. Under the constitutional right to travel (Saenz v. Roe, 526 U.S. 489 (1999)), and consistent with the RPA's protective framework, Rhode Island residents face no legal obstacle to traveling to other states for abortion care.","verification":"not_applicable","confidence":"high"},"shield_or_hostile_laws":{"title":"Strong shield law enacted 2024","summary":"Rhode Island enacted a comprehensive shield law in 2024 blocking cooperation with out-of-state abortion investigations and creating a cause of action against hostile litigation.","description":"Rhode Island's Healthcare Provider Shield Act, which took effect in June 2024, is one of the strongest shield laws in the country. It prohibits Rhode Island state agencies, including law enforcement, from helping other states investigate or prosecute anyone for providing or receiving abortion care that is legal in Rhode Island. It blocks extradition for out-of-state charges related to abortion. It allows people who are sued in other states for Rhode Island abortion care to countersue. And it protects Rhode Island providers who serve patients located in states with abortion bans.","legal_analysis":"The Healthcare Provider Shield Act (R.I. Gen. Laws § 23-101-1 et seq., P.L. 2024, chs. 260, 261, effective June 25, 2024) provides comprehensive protections. Key provisions include: (1) prohibition on public agencies providing information or using resources to assist out-of-state investigations or proceedings seeking to impose liability for legally protected healthcare activity; (2) prohibition on courts giving effect to foreign judgments related to legally protected healthcare activity absent personal and subject-matter jurisdiction and due process; (3) a cause of action for tortious interference with legally protected healthcare activity, allowing aggrieved persons to recover damages, costs, and attorneys' fees against those who initiate hostile litigation; (4) protection of healthcare providers who provide services while physically in Rhode Island regardless of the patient's location; and (5) Governor McKee's Executive Order 22-28 (July 5, 2022) already declined interstate extradition for reproductive healthcare cases. The Act also covers gender-affirming care.","quote":"Legally protected healthcare activity means: ... (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... 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.","note":"The shield law's interstate provisions have not yet been tested in litigation. The constitutionality of one state's refusal to honor another state's judgments or extraditions under Article IV and the Full Faith and Credit Clause is an open question.","verification":"verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-101/23-101-2.htm","citation":"R.I. Gen. Laws § 23-101-2(8)(ii)","pinpoint":"subsection (8)(ii)","quote":"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... 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.","source_type":"statute"},{"name":"Office of Governor Daniel J. McKee","href":"https://governor.ri.gov/executive-orders/executive-order-22-28","citation":"Executive Order 22-28 (July 5, 2022)","pinpoint":"Section 2","quote":"The Office of the Governor will decline any request received from the executive authority of any other state to issue a warrant for the arrest or surrender of any person charged with a criminal violation... where the violation alleged involves the provision or receipt of or assistance with reproductive health care services unless the acts forming the basis of the prosecution... would also constitute a criminal offense under the laws of Rhode Island.","source_type":"ag_opinion"}]}},"funding_and_insurance":{"medicaid":{"title":"Full abortion coverage; Hyde limits removed","summary":"The Equality in Abortion Coverage Act (2023) repealed the ban on state Medicaid abortion coverage; Rhode Island Medicaid now covers abortion without Hyde restriction.","description":"Since May 2023, Rhode Island's Medicaid program covers abortion care. Before that, state law restricted Medicaid to covering abortion only in cases of rape, incest, or life endangerment — matching federal Hyde Amendment limits. The Equality in Abortion Coverage Act removed those restrictions, so Rhode Island Medicaid now covers all abortion services. The state uses only state funds (not federal matching dollars) for abortions beyond Hyde categories, as required by federal law.","legal_analysis":"The Equality in Abortion Coverage Act (EACA), enacted as 2023-H 5006 and signed by Governor McKee on May 18, 2023, repealed the statutory ban on using state funds for abortion services through Medicaid (§ 40-8-2) and repealed the abortion-coverage exclusion for state employee insurance plans (§ 36-12-2.1). The EACA amended R.I. Gen. Laws § 40-8.2-3 to add abortion coverage to the Medicaid program. Federal matching funds remain unavailable for abortions not falling within Hyde categories; Rhode Island uses state-only funds to cover the broader scope.","note":"Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/PublicLaws/law23/law23017.htm","citation":"2023 R.I. Pub. Laws ch. 17 (2023-H 5006, 2023-S 32)","quote":"36-12-2.1. Health insurance benefits — Coverage for abortions excluded. (a) The state of Rhode Island shall not include in any health insurance contracts...","source_type":"statute","accessed":"Public Law shows the repeal of the exclusion."},{"name":"Rhode Island Executive Office of Health and Human Services","href":"https://eohhs.ri.gov/providers-partners/provider-directories/physician-medical-services/equality-abortion-coverage-act","citation":"Equality in Abortion Coverage Act summary, RI EOHHS","quote":"The Equality in Abortion Coverage Act (EACA) was signed into law by the State of Rhode Island on May 18, 2023. Under the law, the EACA will provide insurance coverage for abortion care to individuals on Medicaid to increase access and reduce financial limitations.","source_type":"agency_guidance"}]},"private_insurance":{"title":"No restriction; coverage permitted","summary":"Rhode Island imposes no ban on private-insurance coverage of abortion; the EACA removed restrictions on state-employee plans.","description":"Private insurance companies in Rhode Island may cover abortion without restriction. The Equality in Abortion Coverage Act removed the ban on abortion coverage in state employee health plans, so public employees now have abortion coverage through their insurance. There is no mandate requiring private plans to cover abortion — coverage depends on the specific plan.","legal_analysis":"No Rhode Island statute prohibits private insurance coverage of abortion. The EACA repealed R.I. Gen. Laws § 36-12-2.1, which had barred state employee health plans from covering abortion except in Hyde categories. There is no state mandate requiring private plans to cover abortion. Coverage is a matter of plan design and contract.","note":"Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/PublicLaws/law23/law23017.htm","citation":"2023 R.I. Pub. Laws ch. 17, § 1 (repealing R.I. Gen. Laws § 36-12-2.1)","pinpoint":"§ 1","source_type":"statute","accessed":"Repealed restriction on abortion coverage in state employee health plans."}]},"exchange_plans":{"title":"Plans may cover; religious exemption available","summary":"Rhode Island's health benefit exchange requires at least one plan at each coverage level to exclude abortion for religious exemption purposes, but does not otherwise restrict coverage.","description":"On Rhode Island's health insurance marketplace (HealthSource RI), insurance plans can choose whether to cover abortion. At least one plan at each level of coverage must be available that excludes abortion coverage for religious employers. Federal law prohibits the use of federal premium tax credits for abortion services beyond the Hyde exceptions, so plans that cover abortion beyond Hyde must segregate funds.","legal_analysis":"R.I. Gen. Laws § 42-157-3(c) requires that any exchange plan covering abortion services (as defined in 45 C.F.R. § 156.280(d)(1)) must comply with federal segregation-of-funding requirements. Section 42-157-3(d) requires that at least one plan variation at each level of coverage exclude abortion coverage for religious exemption purposes. These provisions track the ACA framework and do not impose restrictions beyond federal law. The RPA expressly preserves § 42-157-3(d) (§ 23-4.13-2(c)(1)).","quote":"Any health plan that delivers a benefit plan on the exchange that covers abortion services, as defined in 45 C.F.R. § 156.280(d)(1), shall comply with segregation of funding requirements...","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/rhode-island/title-42/chapter-42-157/section-42-157-3","citation":"R.I. Gen. Laws § 42-157-3(c)","pinpoint":"subsection (c)","quote":"Any health plan that delivers a benefit plan on the exchange that covers abortion services, as defined in 45 C.F.R. § 156.280(d)(1), shall comply with segregation of funding requirements, as well as an annual assurance statement to the Office of the Health Insurance Commissioner, in accordance with 45 C.F.R. § 156.280(e)(3) and (5).","source_type":"statute"}]},"state_funding_of_providers":{"title":"No defunding; EACA expanded public funding","summary":"Rhode Island does not defund abortion providers; the 2023 EACA expanded public funding to cover abortion through Medicaid and state-employee plans.","description":"Rhode Island does not have a law that bars state funding from going to organizations that provide abortions. The state's 2023 Equality in Abortion Coverage Act went in the opposite direction by expanding public funding to cover abortion care for Medicaid recipients and state employees. Organizations like Planned Parenthood are not excluded from state funding programs because they provide abortion care.","legal_analysis":"Rhode Island has no statute barring state funds from going to abortion providers or organizations that also provide abortion. The EACA's passage in 2023 was a landmark shift from the prior regime that restricted public funding. The state's constitutional provision (Art. I, § 2) merely says nothing shall be construed to grant or secure any right relating to abortion or the funding thereof — it does not prohibit funding. The focus has been on expanding, not restricting, public funding for abortion access.","verification":"verified","confidence":"high","citations":[{"name":"FindLaw","href":"https://codes.findlaw.com/ri/rhode-island-constitution/ri-const-art-i-sect-2","citation":"R.I. Const. Art. I, § 2","pinpoint":"Art. I, § 2","quote":"Nothing in this section shall be construed to grant or secure any right relating to abortion or the funding thereof.","source_type":"constitution"}]}}},"penalties":[{"actor":"Physician","offense":"Post-viability termination without life-or-health necessity; failure to obtain informed consent","penalty":"Unprofessional conduct — license denial, revocation, or discipline by Board of Medical Licensure and Discipline; civil liability for failure to obtain informed consent (prima facie evidence). No criminal penalty.","verification":"verified","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.13/23-4.13-2.htm","citation":"R.I. Gen. Laws § 23-4.13-2(d)(1)-(3)","pinpoint":"subsection (d)(1)","quote":"Any physician who knowingly violates the provisions of this subsection shall be deemed to have engaged in unprofessional conduct for the purpose of § 5-37-5.1.","source_type":"statute"},{"name":"Justia","href":"https://law.justia.com/codes/rhode-island/title-23/chapter-23-4-7/section-23-4-7-7","citation":"R.I. Gen. Laws § 23-4.7-7","pinpoint":"section 23-4.7-7","quote":"Any physician who knowingly violates the requirements of this chapter shall be deemed to have engaged in unprofessional conduct for the purposes of § 5-37-5.1.","source_type":"statute"}]},{"actor":"Nurses and licensed medical personnel","offense":"Knowing and intentional failure to provide reasonable medical care to infant born alive during abortion","penalty":"Felony — fine up to $5,000, imprisonment up to 5 years, or both. If death results: manslaughter.","verification":"verified","citations":[{"name":"Justia","href":"https://law.justia.com/codes/rhode-island/title-11/chapter-11-9/section-11-9-18","citation":"R.I. Gen. Laws § 11-9-18","pinpoint":"section 11-9-18","quote":"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 in the course of an abortion shall 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. 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 in the course of an abortion, and, as a result of that failure, the infant dies, shall be guilty of the crime of manslaughter.","source_type":"statute"}]},{"actor":"Pregnant person","offense":"None","penalty":"No criminal or civil penalty exists for obtaining, procuring, or self-managing an abortion.","verification":"semi_verified"}],"recent_changes":[{"date":"2019-06-19","event":"The Reproductive Privacy Act (RPA) is signed into law by Governor Gina Raimondo, codifying the right to abortion up to fetal viability and repealing the state's partial-birth abortion ban and spousal-notice requirement.","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/BillText/BillText19/HouseText19/H5125B.pdf","citation":"P.L. 2019, ch. 27 (2019-H 5125 Substitute B)","source_type":"statute"}]},{"date":"2022-05-04","event":"The Rhode Island Supreme Court upholds the RPA in Benson v. McKee, dismissing a constitutional challenge for lack of standing.","citations":[{"name":"Justia","href":"https://law.justia.com/cases/rhode-island/supreme-court/2022/20-66.html","citation":"Benson v. McKee, 273 A.3d 121 (R.I. 2022)","source_type":"case"}]},{"date":"2022-06-24","event":"Dobbs v. Jackson Women's Health Organization is decided, overturning Roe v. Wade. The RPA remains in effect, and Rhode Island's abortion protections are unaffected.","citations":[{"name":"U.S. Supreme Court","href":"https://supreme.justia.com/cases/federal/us/597/19-1392/","citation":"Dobbs v. Jackson Women's Health Organization, 142 S. Ct. 2228 (2022)","source_type":"case"}]},{"date":"2022-07-05","event":"Governor Daniel McKee issues Executive Order 22-28, barring state agencies from cooperating with out-of-state investigations related to reproductive healthcare and declining interstate extradition for abortion-related charges.","citations":[{"name":"Office of Governor Daniel J. McKee","href":"https://governor.ri.gov/executive-orders/executive-order-22-28","citation":"Executive Order 22-28","source_type":"ag_opinion"}]},{"date":"2023-01-09","event":"The U.S. Supreme Court denies certiorari in Doe v. McKee, No. 22-201, ending the federal appeal of Benson v. McKee.","citations":[{"name":"U.S. Supreme Court","href":"https://www.supremecourt.gov/DocketPDF/22/22-201/236882/20220901130349933_Petition%20Brief.pdf","citation":"Doe v. McKee, No. 22-201, cert. denied (2023)","source_type":"case"}]},{"date":"2023-05-18","event":"The Equality in Abortion Coverage Act (EACA) is signed into law, adding abortion coverage to Rhode Island Medicaid and repealing the abortion-coverage exclusion for state-employee health plans.","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/PublicLaws/law23/law23017.htm","citation":"2023 R.I. Pub. Laws ch. 17 (2023-H 5006)","source_type":"statute"}]},{"date":"2023-07-13","event":"Rhode Island's abortion-facility regulation (216-RICR-20-10-6), which imposed targeted regulations on abortion providers, is repealed.","citations":[{"name":"Rhode Island Secretary of State","href":"https://rules.sos.ri.gov/Regulations/part/216-20-10-6?reg_id=8679","citation":"216-RICR-20-10-6 (repealed)","source_type":"regulation"}]},{"date":"2024-06-25","event":"The Healthcare Provider Shield Act takes effect, providing comprehensive protections for providers and patients against out-of-state abortion-related legal actions.","citations":[{"name":"Rhode Island General Assembly","href":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-101/23-101-2.htm","citation":"P.L. 2024, chs. 260, 261 (R.I. Gen. Laws § 23-101-1 et seq.)","source_type":"statute"}]}],"pending_changes":[{"name":"Interstate shield-law challenges (Louisiana and Texas cases against New York physician)","type":"litigation","status":"Pending in federal courts; Rhode Island not a party but its shield law could be affected by the legal principles established.","effect":"If federal courts hold that shield-law protections are unconstitutional or preempted, Rhode Island's Healthcare Provider Shield Act could be challenged or limited in effect. Rhode Island providers who serve out-of-state patients by telehealth could face exposure.","citations":[{"name":"Rhode Island Current","href":"https://rhodeislandcurrent.com/2025/02/18/two-states-are-coming-after-a-new-york-doctor-for-mailing-abortion-pills-heres-whats-next","citation":"Rhode Island Current reporting (Feb. 18, 2025)","quote":"Eight states including Rhode Island have passed shield laws since the end of Roe v. Wade. Cases from Louisiana and Texas are about to test them.","source_type":"secondary"}]},{"name":"2025 Anti-abortion bills (H5295, H5296, H5661)","type":"legislation","status":"All three bills failed to pass during the 2025 legislative session.","effect":"If reintroduced and passed in a future session, H5296 would have expanded born-alive protections with felony penalties; H5661 would have expanded wrongful-death actions for fetal death; H5295 would have imposed additional abortion restrictions. All were defeated.","citations":[{"name":"ACLU of Rhode Island","href":"https://www.riaclu.org/legislation/anti-abortion-rights-legislation-h-5295-h-5296-h-5661","citation":"ACLU of Rhode Island, 2025 Legislative Wrap-Up","quote":"We opposed three pieces of legislation, all of which designed to chip away at the ability for Rhode Islanders to make their own reproductive choices.","source_type":"secondary"}]}],"key_authorities":[{"name":"Reproductive Privacy Act","citation":"R.I. Gen. Laws § 23-4.13-1 et seq. (P.L. 2019, ch. 27)","type":"statute","url":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.13/23-4.13-2.htm","why":"The cornerstone of Rhode Island abortion law, codifying a statutory right to abortion up to viability and post-viability for life or health."},{"name":"Informed Consent for Abortion","citation":"R.I. Gen. Laws § 23-4.7-1 through § 23-4.7-8","type":"statute","url":"https://law.justia.com/codes/rhode-island/title-23/chapter-23-4-7/","why":"Establishes written informed-consent requirements, parental consent for minors, and physician liability for violations."},{"name":"Healthcare Provider Shield Act","citation":"R.I. Gen. Laws § 23-101-1 et seq. (P.L. 2024, chs. 260, 261)","type":"statute","url":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-101/23-101-2.htm","why":"Comprehensive shield law protecting providers and patients from out-of-state investigations and creating a cause of action against hostile litigation."},{"name":"Equality in Abortion Coverage Act","citation":"2023 R.I. Pub. Laws ch. 17 (2023-H 5006, 2023-S 32)","type":"statute","url":"https://webserver.rilegislature.gov/PublicLaws/law23/law23017.htm","why":"Expanded abortion coverage to Medicaid and state-employee plans, removing decades-old restrictions on public funding of abortion."},{"name":"Born-Alive Infant Protection","citation":"R.I. Gen. Laws § 11-9-18","type":"statute","url":"https://law.justia.com/codes/rhode-island/title-11/chapter-11-9/section-11-9-18","why":"Imposes a felony duty of care on medical personnel for infants born alive during attempted abortion; expressly preserved by the RPA."},{"name":"Benson v. McKee","citation":"273 A.3d 121 (R.I. 2022)","type":"case","url":"https://law.justia.com/cases/rhode-island/supreme-court/2022/20-66.html","why":"Rhode Island Supreme Court upheld the RPA against constitutional challenge; U.S. Supreme Court denied certiorari."},{"name":"Miccolis v. Amica Mutual Insurance Co.","citation":"587 A.2d 67 (R.I. 1991)","type":"case","url":"https://law.justia.com/cases/rhode-island/supreme-court/1991/587-a-2d-67.html","why":"Established that a nonviable fetus is not a person for wrongful-death purposes, limiting fetal-personhood theories in civil law."},{"name":"Presley v. Newport Hospital","citation":"365 A.2d 748 (R.I. 1976)","type":"case","url":"https://law.justia.com/cases/rhode-island/supreme-court/1978/365-a-2d-748.html","why":"Held that a viable fetus is a person under the Rhode Island Wrongful Death Act, establishing viability as the dividing line for fetal civil rights."},{"name":"Rhode Island Constitution Art. I, § 2","citation":"R.I. Const. Art. I, § 2","type":"constitution","url":"https://codes.findlaw.com/ri/rhode-island-constitution/ri-const-art-i-sect-2","why":"Contains the clause that blocks judicial recognition of both abortion rights and fetal-personhood rights under the state constitution."},{"name":"Repeal of Abortion Facility Regulations","citation":"216-RICR-20-10-6 (repealed effective July 13, 2023)","type":"regulation","url":"https://rules.sos.ri.gov/Regulations/part/216-20-10-6?reg_id=8679","why":"Removed targeted regulation of abortion providers (TRAP rules), eliminating physician-only and facility-specific requirements."},{"name":"Conscience Protection (Nonparticipation)","citation":"R.I. Gen. Laws § 23-17-11","type":"statute","url":"https://law.justia.com/codes/rhode-island/title-23/chapter-23-17/section-23-17-11","why":"Protects physicians and healthcare personnel from being compelled to participate in abortion or sterilization procedures contrary to their beliefs."},{"name":"1986 Question 14 — Fetal Personhood Amendment","citation":"Rhode Island Constitutional Convention, Resolution 86-00212-A (Nov. 4, 1986)","type":"ballot_measure","url":"https://ballotpedia.org/Rhode_Island_Question_14,_Constitutional_Right_to_Life_and_Abortion_Prohibited_Amendment_(1986)","why":"Voters rejected (65.81% No) a constitutional amendment that would have established fetal personhood from fertilization and prohibited abortion and public funding."}],"research_notes":{"overall_confidence":"high","editor_notes":"The 2025 Rhode Island legislative session has concluded; anti-abortion bills H5295, H5296, and H5661 did not pass. Re-verify before publication that no special session has been called. The Health Care Provider Shield Act is new (2024) and its provisions — particularly the interstate telehealth protections — should be monitored for legal challenges. The FDA mifepristone REMS litigation (FDA v. Alliance for Hippocratic Medicine) may affect medication-abortion access nationwide regardless of Rhode Island's permissive state law. The repealed abortion-facility regulation (216-RICR-20-10-6) means general healthcare-facility licensing standards now apply to abortion clinics; re-check whether the Department of Health has adopted replacement regulations.","gaps":["The exact date of the repeal of the fetal-homicide statute (former § 11-23-5) was not definitively identified; the 2025 code confirms it is repealed.","Whether Rhode Island courts would interpret health in § 23-4.13-2(d) to include mental health has not been directly adjudicated, though Doe v. Bolton provides persuasive authority.","The scope-of-practice question — whether advanced-practice clinicians may perform procedural abortion — is not directly answered by statute, and the relevant regulation was repealed without replacement.","The constitutionality of Rhode Island's shield law under the Full Faith and Credit Clause and Article IV extradition provisions has not been tested in litigation."]}}