2014 -- H 7853

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LC003811

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO HEALTH AND SAFETY - PREGNANCY CONFIDENTIALITY ACT

     

     Introduced By: Representatives Tanzi, Ajello, Tomasso, Abney, and Kazarian

     Date Introduced: March 04, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 4.13

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PREGNANCY CONFIDENTIALITY ACT

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     23-4.13-1. Short title. – This chapter shall be known and may be cited as the "Pregnancy

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Confidentiality Act".

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     23-4.13-2. Definitions. – As used in this chapter, the following words and terms shall

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have the following meanings:

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     (1) "Client" means an individual who is inquiring about or seeking services at a

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pregnancy resource center.

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     (2) "Client records" means health information collected by a pregnancy resource center

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from a client, including, but not limited to, demographic information; his or her name, address,

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phone number, e-mail address, date of birth, social security number, driver's license number, or

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Rhode Island identification card number; employer's name, address, or phone number; the names,

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addresses, and phone numbers of any relatives or partners; and any personal or health-related

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information collected by a pregnancy resource center related to a client's past, present, or future

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physical or mental health or condition; the provision of health care to a client; the past, present, or

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future payment for the provision of health care to a client; or any other information related to the

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client's health care, including, but not limited to, the results of any tests or services provided by

 

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the pregnancy resource center.

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     (3) ''Pregnancy resource center" means an organization or facility that:

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     (i) Provides pregnancy counseling or information as its primary purpose, either for a fee

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or as a free service;

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     (ii) Does not provide abortions or refer a client who wishes to obtain an abortion;

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     (iii) Does not furnish any contraceptive drug or device or refer a client who wishes to

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obtain a contraceptive drug or device approved by the United States Food and Drug

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Administration; and

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     (iv) Is not licensed or certified by the state or the United States government to provide

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medical or health care services.

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     23-4.13-3. Privacy. – The records of a client of a pregnancy resource center may be

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disclosed only if the client or his or her legal representative requests or consents, in writing, to the

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release of such information.

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     23-4.13-4. Penalties. – A person who violates § 23-4.13-3 shall be guilty of a

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misdemeanor and upon conviction shall be sentenced to pay a fine of not more than five hundred

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dollars ($500) or be imprisoned for not more than one year, or both.

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     23-4.13-5. Civil remedies. – Any person injured as a result of a willful violation of § 23-

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4.13-3 shall have a civil cause of action for compensatory and punitive damages, reasonable

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attorney fees, and costs.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - PREGNANCY CONFIDENTIALITY ACT

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     This act would establish the "Pregnancy Confidentiality Act" which would provide

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pregnancy counseling and information for those individuals not seeking abortion or contraception

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services. It would create penalties for the disclosure of client information without written consent.

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     This act would take effect upon passage.

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