Legislation Details:

UPDATE: 4/11/2024 - S 2386 died, it failed to be scheduled for a hearing in the Senate Health and Human Services Committee before the deadline for bills to be considered in their chamber of origin committee by 4/11/2024. 

S 2386 was introduced in the Senate and referred to the Senate Health and Human Services Committee on 2/12/24. This bill is sponsored by Senator Jessica de la Cruz and Senators DeLuca, E Morgan, Rogers, Ciccone, F. Lombardi, Burke, and Raptakis. 

S 2386, entitled the "Rhode Island Informed Consent Protection Act," requires parental written informed consent before a child can be vaccinated. It prohibits vaccine status discrimination for children and workers and establishes a penalty of liability for damages for non-compliance to the law. For those intentionally violating the law, there is a $25,000 penalty per patient per violation. It also prevents the Department of Children, Youth, and Families from investigating parents based solely on their vaccine decisions.

S 2386 amends Title 5, related to businesses and professions, by adding the following new chapter to be numbered 5-37.8 to include the following as summarized below:

§5-37.8-1 Titles the new section of law as "The Rhode Island Informed Consent Protection Act."

§5-37.8-2 Provides definitions for this section, including "department" to mean the Rhode Island Department of Health; "director" to mean the director of the Rhode Island Department of Health; "emergency medical condition" to have the same meaning as defined in 27-18-76  regarding emergency services; "informed consent" to mean the permission granted with knowledge of the possible consequences to include full knowledge of the possible risks and benefits and with voluntary agreement being absent of coercion, threat or punishment; "license" to mean any license issued or regulated by the department of health to practice medicine or health care services; and "practitioner" to mean anyone possessing a license to engage in providing health care services.

§5-37.8-3 Prohibits discrimination for vaccine refusal, summarized as follows:

(a) Prohibits a practitioner or health care facility from discriminating, denying care or benefits to, or dismissing a child from their care solely because the patient or family member of a patient chooses to delay or decline a vaccine.

(b) Prohibits a practitioner or health care facility from harassing, coercing, or threatening a patient for exercising their right to delay or decline vaccines.

(c) Prohibits any insurer as defined in 27-18.4-1 from denying coverage, increasing a premium, or discriminating against an insured or applicant for insurance based on the individual's choice to delay or decline a vaccination for themselves or their children.

(d) Prohibits an employer from denying employment, terminating employment, or otherwise discriminating against an individual based on their choice to delay or decline a vaccination.

(e) Prohibits an insurer from discriminating against a practitioner or health care facility by decreasing reimbursement, levying financial penalties, or denying insurance coverage due to a practitioner's decision not to vaccinate a patient.

§5-37.8-4 Prohibits the following activities, summarized as follows:

(a) Prohibits a practitioner from accepting payments, incentives, or bonuses from an insurance or pharmaceutical company based on patient vaccination.

(b) Prohibits a practitioner from requiring a patient or parent or guardian of a patient to sign a liability waiver to receive medical care if the patient or parent or guardian of a patient chooses to delay or decline a vaccination. 

§5-37.8-5 Requires practitioners giving vaccines to obtain informed consent in writing, signed by the recipient or parent or legal guardian of a patient receiving a vaccine prior to administering the vaccine. This subsection also requires the director of the Department of Health to approve the language of the informed consent, and this information must contain the patient or their parent's right to decline the vaccine and the possibility of filing a claim for compensation for an injury resulting from a covered vaccine by petition to the National Vaccine Injury Compensation Program.

§5-37.8-6 Establishes (a) penalties for anyone who violates any part of this law, making them liable for damages. (b) Anyone found to have intentionally violated the law will be fined not more than $25,000 per patient per violation.

§5-37.8-7 Requires the director of the Department of Health to develop the rules and regulations to implement the provisions of this chapter.

§5-37.8-8 Authorizes the director of the Department of Health to investigate complaints and violations of this chapter, to conduct hearings, and to impose discipline and fines for violations.

§5-37.8-9 Establishes an appeal process in cases of an adverse determination by the director per the Administrative Procedures Act, chapter 35 of title 42.

§40-11-3 (b) Prohibits the Department of Children, Youth, and Families from investigating a parent or guardian for abuse based solely on their decision to delay or decline a vaccine for their child.

If passed, S 2386 will take effect upon passage. 

NVIC SUPPORTS S 2386 because it prevents parents from being harassed or kicked out of a physician’s office for not vaccinating. It also prevents discriminatory and coercive tactics from insurance companies and employers for an individual's choice to refuse or delay a vaccine. The prohibition of incentives to health care providers also helps ensure that vaccination recommendations are less likely to be financially motivated and will be based on the patient's best health interest.  The provision that prevents a health care provider or facility from requiring a parent to sign a liability waiver for vaccine delay or refusal protects a patient and parent of patient's ability to take action against a provider should the practitioner cause harm to the patient during treatment. Providing medical care should never be based on the vaccination status of the individual. The provision requiring informed consent helps ensure that the parent of a patient is receiving thorough information on vaccine risks and benefits before the decision to vaccinate is made, which leads to fewer vaccine injuries or deaths. The section of the bill ensuring that a parent will not be investigated by the Department of Children, Youth, and Families based solely on their vaccination status protects parents who may be targeted for their vaccine choices.  NVIC is opposed to all vaccination mandates. Vaccines are pharmaceutical products that carry a risk of injury and even death and should not be a condition for receiving medical care or employment. The penalty portion of this bill makes it more likely that health care providers and employers will adhere to the provisions in this law. 

https://status.rilegislature.gov/ - For status and history of S 2386, click on the link and enter "2386" in the bill search text box.