2014 -- H 7853

========

LC003811

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

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:

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

amended by adding thereto the following chapter:

CHAPTER 4.13

PREGNANCY CONFIDENTIALITY ACT

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

Confidentiality Act".

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

have the following meanings:

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

pregnancy resource center.

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

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

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

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

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

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

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

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

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

the pregnancy resource center.

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

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

or as a free service;

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

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

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

Administration; and

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

medical or health care services.

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

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

release of such information.

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

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

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

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

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

attorney fees, and costs.

     SECTION 2. This act shall take effect upon passage.

========

LC003811

========

LC003811 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - PREGNANCY CONFIDENTIALITY ACT

***

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

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

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

     This act would take effect upon passage.

========

LC003811

========

LC003811 - Page 3 of 3