Bill Sponsors
Senator Matthew L. LaMountain
Committee
Senate Health & Human Services
Summary
Select
This legislation mandates that every hospital in Rhode Island must have a notary public on staff and available 24 hours a day, 7 days a week. The notary must be available through the patient services department to visit patients in their rooms upon request. Their role is to notarize important legal and healthcare documents, specifically advance directives, powers of attorney, and wills. To utilize this service, patients must provide a valid ID and sign the documents in the presence of the notary.
Analysis
Pros for Progressives
- Ensures equitable access to legal rights for low-income or isolated patients who may not have the resources or connections to hire a private mobile notary during a medical crisis.
- Empowers patients to maintain autonomy over their healthcare decisions and end-of-life care by removing logistical barriers to finalizing advance directives.
- Protects vulnerable families from potential legal chaos regarding assets and guardianship by facilitating the timely execution of wills and powers of attorney.
Cons for Progressives
- Creates an additional administrative cost for non-profit and safety-net hospitals, which could potentially divert limited funds away from direct medical care and social services.
- Does not explicitly prohibit hospitals from charging patients a fee for this service, potentially creating a financial barrier for the poor despite the onsite availability.
- Focuses on bureaucratic legal procedures rather than addressing the systemic issues regarding the quality, affordability, or accessibility of actual healthcare services.
Pros for Conservatives
- Protects individual property rights and family legacies by ensuring that wills and estate documents can be executed immediately and legally, even during medical emergencies.
- Strengthens personal liberty by facilitating advance directives, ensuring that a patient's specific medical choices are respected rather than defaulting to hospital policy or government standards.
- Upholds the rule of law by creating a structured environment where legal documents are executed with proper identification and witnessing protocols within institutions.
Cons for Conservatives
- Imposes an unfunded government mandate on private businesses (hospitals), interfering with their operational freedom and right to manage their own staffing levels.
- Creates an inefficient regulatory burden by requiring 24/7 staffing for a service that may have low demand during overnight hours, driving up healthcare overhead costs.
- Expands the scope of medical facilities into legal services, interfering with the free market where private notaries and attorneys typically provide these services.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Hospital Administrators
- Hospital Patients
- Notaries Public
- Doctors and Nurses
- Families of Patients
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
BillBuddy Impact Ratings
Importance
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Freedom Impact
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Public Services
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Regulatory
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Clarity of Bill Language
How clear the language of the bill is. Higher ambiguity equals a lower score.
Enforcement Provisions
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Health and Human Services
Bill Text
SECTION 1. Chapter 23-4.10 of the General Laws entitled "Health Care Power of Attorney" is hereby amended by adding thereto the following section:
23-4.10-2.1. Notary public in hospitals.
(a) All hospitals in Rhode Island shall have a notary public on staff and available twenty- four (24) hours a day and seven (7) days a week.
(b) The notary shall be available through the patient services department to notarize important healthcare and legal documents including:
(1) Advance directive to hospital personnel;
(2) Powers of attorney; and
(3) Wills.
(c) Upon request the notary public shall visit the patient in their room during the hospitalization. A valid ID shall be required from the patient and documents shall be signed in the presence of the notary.
SECTION 2. This act shall take effect upon passage.
23-4.10-2.1. Notary public in hospitals.
(a) All hospitals in Rhode Island shall have a notary public on staff and available twenty- four (24) hours a day and seven (7) days a week.
(b) The notary shall be available through the patient services department to notarize important healthcare and legal documents including:
(1) Advance directive to hospital personnel;
(2) Powers of attorney; and
(3) Wills.
(c) Upon request the notary public shall visit the patient in their room during the hospitalization. A valid ID shall be required from the patient and documents shall be signed in the presence of the notary.
SECTION 2. This act shall take effect upon passage.
