§ 23-6.3-1. Purpose. The purpose of this chapter is to reduce vulnerability to HIV/AIDS transmission, protect persons who are infected with HIV from discrimination, ensure informed consent for testing, and to provide consistent terms and standards within this title and as applicable to chapters 34.1 and 37 of title 11, chapter 28 of title 21, […]
§ 23-6.3-10. Notification of disclosure. (a) In all cases when an individual’s HIV test results are disclosed to a third-party, other than a person involved in the care and treatment of the individual, and except as permitted by § 23-6.3-7 (permitted disclosures re: confidentiality), and permitted by and disclosed in accordance with the Federal Health […]
§ 23-6.3-11. Discrimination prohibited. No person, agency, organization, or legal entity may discriminate against an individual on the basis of a positive HIV test result, or perception of a positive test, in housing, education, employment, the granting of credit, public accommodation, or delivery of services, nor shall an HIV test be required as a condition […]
§ 23-6.3-12. Administrative relief. Any individual who believes that he or she has been unlawfully discriminated against in housing, education, employment, the granting of credit, public accommodations, or delivery of services on the basis of a positive HIV test, or perception of a positive test, may bring action for administrative relief before the Rhode Island […]
§ 23-6.3-13. HIV Counseling, Testing, Referral and Services Sites (HIV CTRS). The department shall designate and fund HIV CTRS sites, for providing both anonymous and confidential HIV testing and HIV counseling and referral services. Anonymous and confidential HIV testing provided by HIV CTRS sites funded by the department shall screen individuals for their ability to […]
§ 23-6.3-14. Reporting and notification of HIV/AIDS. (a) Except in the case of anonymous HIV testing, a diagnosis of HIV or AIDS shall be notifiable and reportable to the department by name. The following shall be reported to the department: (1) A diagnosis of HIV, according to the most current CDC case definition of HIV. […]
§ 23-6.3-15. Laboratory analyses and reporting. (a) All biological samples or specimens taken for the purpose of performing laboratory analysis for the detection of antibody to HIV, by or under the direction or order of any healthcare provider working within the scope of his or her practice, shall be sent to the department of health […]
§ 23-6.3-16. Insurance exemption. (a) Sections 23-6.3-1 — 23-6.3-14 do not apply to the offering or sale of life insurance in Rhode Island; provided, however, that any insurance company offering or selling life insurance within Rhode Island that requires an individual to be tested for infection with human immunodeficiency virus (HIV) or any other identified […]
§ 23-6.3-17. Rules and regulations. The director is authorized to promulgate regulations as he or she deems necessary or desirable to implement the provisions of this chapter, in accordance with the provisions set forth in § 23-1-17 and chapter 35 of title 42. History of Section.P.L. 2009, ch. 196, § 1; P.L. 2009, ch. 289, […]
§ 23-6.3-18. Severability. If any provision of this chapter is held by a court to be invalid, that invalidity shall not affect the remaining provisions of the chapter, and to this end the provisions of the chapter are declared severable. History of Section.P.L. 2009, ch. 196, § 1; P.L. 2009, ch. 289, § 1.
§ 23-6.3-19. Construction of the chapter. This chapter shall be liberally construed to accomplish the purposes sought in it. History of Section.P.L. 2009, ch. 196, § 1; P.L. 2009, ch. 289, § 1.
§ 23-6.3-2. Definitions. As used in this chapter the following words shall have the following meanings: (1) “Agent” means a person empowered by the patient to assert or waive the confidentiality, or to disclose or consent to the disclosure of confidential information, as established by chapter 37.3 of title 5, as amended, entitled “Confidentiality of […]
§ 23-6.3-3. HIV screening and testing of adults, adolescents, and pregnant women. (a) This section shall pertain to patients in all healthcare settings and HIV CTRS sites. (b) HIV screening and testing shall be based on the most current recommendations for HIV counseling, testing and referral of adults, adolescents and pregnant women issued by the […]
§ 23-6.3-4. Exceptions to consent requirements. (a) A healthcare provider may test for the presence of HIV without obtaining consent from the individual to be tested under the following conditions: (1) When the individual to be tested is under one year of age; (2) When a child between one and thirteen (13) years of age […]
§ 23-6.3-5. Reasonable efforts to secure consent. No involuntary testing for HIV shall take place under any of the exceptions set forth in § 23-6.3-4, unless reasonable efforts have been made to: (1) Secure voluntary consent from the individual to be tested, or in the case of a minor patient, from the legal parent or […]
§ 23-6.3-6. Due process — Right to bring suit. Nothing in §§ 23-6.3-1 to 23-6.3-16 shall be construed to limit or deprive any person of his or her right to due process of law, or to bar an action of relief and/or damages before a court of competent jurisdiction. History of Section.P.L. 2009, ch. 196, […]
§ 23-6.3-7. Confidentiality. (a) It is unlawful for any person to disclose to a third-party the results of an individual’s HIV test without the prior written consent of that individual, except for: (1) A licensed laboratory or other healthcare facility that performs HIV tests shall report test results to the healthcare provider who requested the […]
§ 23-6.3-8. Protection of records. (a) Providers of health care, public health officials, and any other person who maintains records containing information on HIV test results of individuals are responsible for maintaining full confidentiality of this data and shall take appropriate steps for their protection, including: (1) Keeping records secure at all times and establishing […]
§ 23-6.3-9. Penalties and remedies. The penalties and remedies contained in chapter 37.3 of title 5 entitled “Confidentiality of Health Care Communications and Information” shall apply to violations of §§ 23-6.3-7 confidentiality and 23-6.3-8 protection of records. History of Section.P.L. 2009, ch. 196, § 1; P.L. 2009, ch. 289, § 1.
