2019 -- S 0213

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LC000882

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- "THE RHODE ISLAND INFORMED

CONSENT PROTECTION ACT"

     

     Introduced By: Senators Metts, and Morgan

     Date Introduced: January 31, 2019

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

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is hereby amended by adding thereto the following chapter:

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CHAPTER 37.8

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THE RHODE ISLAND INFORMED CONSENT PROTECTION ACT

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     5-37.8-1. Short title.

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     This chapter shall be known and may be cited as "The Rhode Island Informed Consent

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Protection Act."

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     5-37.8-2. Definitions.

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     The following words and phrases as used in this chapter shall have the following

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meanings:

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     (1) "Department" means the Rhode Island department of health.

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     (2) "Director" means the director of the Rhode Island department of health.

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     (3) "Emergency medical condition" shall have the same meaning as promulgated in § 27-

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18-76.

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     (4) "Informed consent" means the permission granted with knowledge of the possible

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consequences to include full knowledge of the possible risks and benefits and with voluntary

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agreement being absent of coercion, threat or punishment.

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     (5) "License" means any license or registration issued or regulated by the department of

 

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health to practice medicine, provide health care services or to provide institutional health care

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services.

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     (6) "Practitioner" means any person in possession of a license or registration and engaged

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in providing health care services.

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     5-37.8-3. Nondiscrimination for vaccine refusal.

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     (a) A practitioner or a health care facility may not discriminate against a patient or parent

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or guardian of a patient based solely upon a patient or parent or guardian of a patient choosing to

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delay or decline a vaccination. Exercising the right to informed consent by delaying or declining

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vaccinations under this chapter may not be the reason for a patient or family member of a patient

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to be dismissed from a practice or lose medical privileges or benefits.

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     (b) Prohibition against harassment. A practitioner or health care facility shall not harass,

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coerce, or threaten a patient or parent or guardian of a patient for exercising the right to delay or

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decline a vaccination.

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     (c) Any insurer as defined in § 27-18.4-1 shall not deny coverage, increase a premium or

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otherwise discriminate against an insured or applicant for insurance based on the individual's

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choice to delay or decline a vaccination for the individual or the individual's child.

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     (d) No employer shall deny employment, terminate employment, or otherwise

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discriminate against an individual based on the individual's choice to delay or decline

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vaccination.

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     (e) No insurer shall discriminate against a practitioner or health care facility by

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decreasing reimbursement, by imposition of financial penalties, or by denial of participation in an

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insurance plan as a result of a practitioner's decision to not vaccinate a patient.

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     5-37.8-4. Prohibited activities.

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     (a) A practitioner shall not accept a monetary payment in the form of a bonus or other

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incentive from an insurance company or pharmaceutical company for patient vaccination.

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     (b) A practitioner shall not require a patient or parent or guardian of a patient to sign a

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liability waiver as a condition to receive medical care in the event the patient or parent or

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guardian of a patient chooses to delay or decline a vaccination.

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     5-37.8-5. Informed consent in writing.

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     Practitioners providing vaccines shall provide informed consent in writing to be signed

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by the recipient, or in the case of a minor child the signature of a parent or legal guardian shall be

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acquired prior to administration of the vaccine. The language of the informed consent shall be

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approved by the director and shall contain an advisement of the right to decline the vaccine, and

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information regarding the possibility of recovery pursuant to a claim filed for injury resulting

 

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from a covered vaccine by petition to the National Vaccine Injury Compensation Program.

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     5-37.8-6. Civil recovery and penalties.

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     (a) Any person who violates the provisions of this chapter may be held liable for actual

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damages.

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     (b) Any person who, after a hearing is found to have intentionally and knowingly violated

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the provision of this chapter, shall be fined not more than twenty-five thousand dollars ($25,000)

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per patient, per violation.

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     5-37.8-7. Rules and regulations.

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     The director of the department of health shall develop rules and regulations to implement

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the provisions of this chapter.

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     5-37.8-8. Enforcement.

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     The director shall have the power to investigate complaints of violation of this chapter by

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any practitioner, to conduct evidentiary hearings, impose discipline and fines for violations.

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     5-37.8-9. Appeal procedure.

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     In the case of any adverse determination by the director pursuant to § 5-37.7-8, appeals

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may be taken in accordance with the administrative procedures act, chapter 35 of title 42.

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     SECTION 2. Section 40-11-3 of the General Laws in Chapter 40-11 entitled "Abused and

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Neglected Children" is hereby amended to read as follows:

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     40-11-3. Duty to report -- Deprivation of nutrition or medical treatment.

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     (a) Any person who has reasonable cause to know or suspect that any child has been

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abused or neglected as defined in § 40-11-2, or has been a victim of sexual abuse by another

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child, shall, within twenty-four (24) hours, transfer that information to the department of children,

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youth and families, or its agent, who shall cause the report to be investigated immediately. As a

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result of those reports and referrals, protective social services shall be made available to those

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children in an effort to safeguard and enhance the welfare of those children and to provide a

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means to prevent further abuse or neglect. The department shall establish and implement a single,

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statewide, toll-free telephone to operate twenty-four (24) hours per day, seven (7) days per week

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for the receipt of reports concerning child abuse and neglect, which reports shall be electronically

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recorded and placed in the central registry established by § 42-72-7. The department shall create a

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sign, using a format that is clear, simple, and understandable to students, that contains the

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statewide toll-free telephone number for posting in all public and private schools in languages

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predominately spoken in the state, containing pertinent information relating to reporting the

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suspicion of child abuse, neglect and sexual abuse. This sign shall be available to the school

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districts electronically. The electronically recorded records, properly indexed by date and other

 

LC000882 - Page 3 of 5

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essential, identifying data, shall be maintained for a minimum of three (3) years; provided,

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however, any person who has been reported for child abuse and/or neglect, and who has been

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determined not to have neglected and/or abused a child, shall have his or her record expunged as

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to that incident three (3) years after that determination. The department shall continuously

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maintain a management-information database that includes all of the information required to

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implement this section, including the number of cases reported by hospitals, health-care centers,

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emergency rooms, and other appropriate health-care facilities.

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     (b) The reporting shall include immediate notification of the department of any instance

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where parents of an infant have requested deprivation of nutrition that is necessary to sustain life

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and/or who have requested deprivation of medical or surgical intervention that is necessary to

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remedy or ameliorate a life-threatening medical condition, if the nutrition or medical or surgical

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intervention is generally provided to similar nutritional, medical, or surgical conditioned infants,

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whether disabled or not.

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     No investigation shall be initiated against a parent or guardian for the sole reason that the

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parent or guardian chose to delay or decline a vaccination for a child of the parent or under the

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care of the guardian.

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     (c) Nothing in this section shall be interpreted to prevent a child's parents and physician

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from discontinuing the use of life-support systems or nonpalliative treatment for a child who is

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terminally ill where, in the opinion of the child's physician exercising competent medical

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judgment, the child has no reasonable chance of recovery from the terminal illness despite every,

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appropriate medical treatment to correct the condition.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- "THE RHODE ISLAND INFORMED

CONSENT PROTECTION ACT"

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     This act would require that health care professionals provide written informed consent

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signed by the recipient, or in the case of a minor child, by a parent or guardian prior to

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administration of a vaccine. It would prohibit discrimination against individuals who refuse or

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delay vaccines. The act would also provide for civil recovery and fines of up to twenty-five

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thousand dollars ($25,000) for violations. It would further prohibit DCYF from investigating a

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parent/guardian for failure to vaccinate child.

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     This act would take effect upon passage.

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