Restrictions

Rhode Island law generally prohibits post-viability abortions.^[1]23 R.I. Gen. Laws § 23-4.13-2(d). The state requires that a parent, legal guardian,^[2]23 R.I. GEN. LAWS § 23-4.7-6. or judge^[3]Id. consent to a minor’s abortion.

Providers who violate Rhode Island’s abortion restrictions may face civil penalties.^[4]See, e.g., id. § 23-4.7-7.

State Protections

In 2019, Rhode Island enacted express statutory protections for abortion^[5]23 R.I. Gen. Laws § 23-4.13-2(a) (repealed R.I. Gen. Laws § 11-3 et seq.). while repealing a law prohibiting abortion on a “quick child,”^[6]11 R.I. GEN. LAWS § 11-23-5, repealed by 2019 R.I. Pub. Laws, ch. 27, § 4. an unconstitutional ban on D&X procedures,^[7]23 R.I. GEN. LAWS §§ 23-4.12-1—23-4.12-6, repealed by 2019 R.I. Pub. Laws, ch. 27, § 6; Rhode Island Med. Soc’y. v. Whitehouse, 239 F.3d 104, 106 (1st Cir. 2001). and limitations on private insurance coverage of abortion.^[8]27 R.I. GEN. LAWS § 27-18-28, repealed by 2019 R.I. Pub. Laws, ch. 27, §7; Nat’l Educ. Ass’n of Rhode Island. v. Garrahy, 598 F. Supp. 1374, 1384 (D.R.I. 1984), aff’d, 779 F.2d … Continue reading The Rhode Island Constitution includes equal protection language, but it specifies that it does not grant any right relating to abortion.^[9]R.I. CONST. art. 1, § 2. Although Rhode Island restricts the provision of surgical abortion to licensed physicians, it otherwise allows licensed physicians and other health-care practitioners to provide abortion care within their scope of practice.^[10]216 R.I. CODE R. § 20-10-6.3. Rhode Island provides public funding for abortion care.^[11]R.I. Gen. Laws § 42-12.3-3.

In 2022, the governor of Rhode Island issued an executive order with interstate shield protections that 1) prohibits executive agencies from cooperating with out-of-state investigations and legal actions (including extradition) that arise from the provision of reproductive health care that is legal in Rhode Island and 2) directs the Rhode Island Department of Health to work with boards of professional licensure to protect providers from out-of-state sanctions.^[12]R.I. Exec. Order, No. 22-28 (Jul. 5, 2022). These provisions we later codified into statutory protections.^[13]R.I. Gen. Laws § § 12-9-36, 5-37.8-1.

On July 25, 2024. Rhode Island enacted statutory protections shielding providers, patients, and people who help others access abortion from professional licensure consequences and the reach of out-of-state investigations and legal actions, regardless of the patient’s location. ^[14] R.I. Gen. Laws § § 23-100-2—9, 23-17-53. Rhode Island allows anyone sued for providing, accessing, or helping someone access abortion to file their own legal action for tortious interference with protected health care activity^[15]R.I. Gen. Laws § 23-100-3. and prohibits courts from giving force or effect to foreign judgements in connection with hostile litigation where there is not personal jurisdiction, subject matter jurisdiction or provide due process of law.^[16]R.I. Gen. Laws § 23-100-4. Rhode Island further prohibits malpractice insurers from taking adverse action against a health care provider for providing health care legally protected in the state.^[17]R.I. Gen. Laws § 5-37.8-2

Post-Roe Prohibitions

Rhode Island repealed its pre-Roe ban in 1973^[18]11 R.I. GEN. LAWS § 11-3-1 (1956), repealed by 1973 R.I. Pub. Laws 68, ch. 15 §1. and its unconstitutional post-Roe criminal ban in 2019.^[19]11 R.I. Gen. Laws §§ 11-3-1—11-3-55, repealed by 2019 R.I. Pub. Laws, ch. 27, § 2, codified at 23 R.I. Gen. Laws § 23-4.13-1; see Doe v. Israel, 358 F. Supp. 1193 (D.R.I. 1973).

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal in Rhode Island. In 2019, Rhode Island enacted a law to protect abortion and repealed various existing abortion restrictions.