Title 23
Health and Safety

Chapter 101
Healthcare Provider Shield

§ 23-101-2. Definitions.

As used in this chapter, the followings words shall have the following meanings unless the context clearly indicates otherwise:

(1) “Aggrieved person” means:

(i) A person against whom hostile litigation is filed or prosecuted or the legal representative of a person against whom hostile litigation is filed or prosecuted; or

(ii) The employer of a person against whom hostile litigation is filed or prosecuted if the legally protected healthcare activity or aiding and assisting legally protected healthcare activity of the person that forms the basis of the hostile litigation was performed within the scope of the person’s employment.

(2) “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; or

(ii) The provision or administration of, or attempted provision or administration of, insurance coverage for gender-affirming healthcare services or reproductive healthcare services to a beneficiary or a dependent of a beneficiary by any insurer, payor, or employer.

(iii) “Aiding and assisting legally protected healthcare activity” does not include any conduct that violates Rhode Island law or deviates from the applicable standard of care or that could form the basis of a civil, criminal, or administrative action under the laws of this state had the course of conduct that forms the basis for liability occurred entirely within this state.

(3) “Foreign judgment” means any judgment or decree of a court of another state.

(4) “Gender-affirming 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 the treatment of gender dysphoria and gender incongruence in accordance with the accepted standard of care as defined by major medical professional organizations and agencies with expertise in the field of gender-affirming health care, including the Standards of Care for the Health of Transgender and Gender Diverse People, Version 8, or subsequent version, published by the World Professional Association for Transgender Health. “Gender-affirming healthcare services” does not include conversion therapy as defined by § 23-94-2.

(5) “Healthcare provider” means and shall apply to the following:

(i) A qualified physician licensed pursuant to chapters 37 and 37.3 of title 5;

(ii) A qualified osteopathic physician licensed pursuant to chapter 37 of title 5;

(iii) A qualified physician assistant licensed pursuant to chapter 54 of title 5;

(iv) A genetic counselor licensed pursuant to chapter 92 of title 5;

(v) A qualified psychologist licensed pursuant to chapter 44 of title 5;

(vi) A qualified social worker licensed pursuant to chapter 39.1 of title 5;

(vii) An advanced practice registered nurse, and a certified nurse practitioner, licensed pursuant to chapter 34 of title 5, and a certified registered nurse anesthetist licensed pursuant to chapters 34 and 34.2 of title 5;

(viii) A certified nurse midwife licensed pursuant to chapter 13 of this title;

(ix) A licensed clinical mental health counselor or associate, and a licensed marriage and family therapist or associate, licensed pursuant to chapter 63.2 of title 5;

(x) An electrologist licensed pursuant to chapter 32 of title 5;

(xi) A speech-language pathologist licensed pursuant to chapter 48 of title 5;

(xii) An occupational therapist licensed pursuant to chapter 40.1 of title 5;

(xiii) A chiropractic physician licensed pursuant to chapter 30 of title 5; and

(xiv) A pharmacist engaging in the practice of pharmacy and licensed pursuant to chapter 19.1 of title 5.

(6) “Hostile litigation” means any litigation or other legal action, including civil, criminal, or administrative action, to deter, prevent, sanction, or punish any person engaging in legally protected healthcare activity or aiding and assisting legally protected healthcare activity by:

(i) Filing or prosecuting any litigation or other legal action in any other state where liability is based on legally protected healthcare activity or aiding and assisting legally protected healthcare activity that occurred in this state, including any action in which liability is based on any theory of vicarious, joint, or several liability; or

(ii) Attempting to enforce any order or judgment issued in connection with any litigation or other legal action under subsection (6)(i) of this section by any party to the action or by any person acting on behalf of any party to the action.

(iii) For purposes of this chapter, litigation or other legal action is based on legally protected healthcare activity or aiding and assisting legally protected healthcare activity that occurred in this state if any part of any act or omission involved in the course of conduct that forms the basis for liability in the action occurs or is initiated in this state, whether or not the act or omission is alleged or included in any pleading or other filing in the lawsuit.

(7) “Law enforcement agency” means any police department in any city or town or the state police as defined in the general laws. For purposes of this act, a law enforcement agency may include any other non-federal entity in the state charged with the enforcement of laws relating to the custody of detained persons.

(8) “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 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.

(iii) “Legally protected healthcare activity” does not include any conduct that could form the basis of a civil, criminal, or administrative action under the laws of this state had the course of conduct that forms the basis for liability occurred entirely within this state and/or in violation of Rhode Island law.

(9) “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 in accordance with the applicable standard of care as defined by major medical professional organizations and agencies with expertise in the field of reproductive health care.

(10) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term “this state” refers to the state of Rhode Island.