2019 -- H 5816

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LC002050

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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 HEALTH AND SAFETY - PREVENTION AND SUPPRESSION OF

CONTAGIOUS DISEASES - HIV/AIDS

     

     Introduced By: Representatives Craven, Morin, McEntee, and Caldwell

     Date Introduced: March 07, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-6.3-15 of the General Laws in Chapter 23-6.3 entitled

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"Prevention and Suppression of Contagious Diseases - HIV/AIDS" is hereby amended to read as

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follows:

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     23-6.3-15. Laboratory analyses and reporting.

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     (a) All biological samples or specimens taken for the purpose of performing laboratory

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analysis for the detection of antibody to HIV, by or under the direction or order of any health care

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provider working within the scope of his or her practice, shall be sent to the department of health

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laboratory for analysis. This provision shall not apply to those HIV tests performed in a hospital

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laboratory, clinical laboratories as defined in § 23-16.2-2(2) with testing facilities located in

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Rhode Island or to those sites performing rapid HIV testing.

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     (b) Hospitals shall forward all positive confirmatory HIV test results to the department.

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All sites performing HIV testing must submit an annual HIV testing report to the department in

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accordance with regulations promulgated by the department.

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     (c) The department laboratory shall conduct all confirmatory testing for HIV/AIDS with

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the exception of written waivers issued by the department as indicated in (d) below.

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     (d) Sites performing non-venapuncture HIV testing (e.g. rapid testing), must seek a

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waiver from the department to provide confirmatory HIV testing from a laboratory other than the

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state laboratory, and shall forward all positive and negative confirmatory HIV tests results to the

 

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department.

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     (e) Except in the case of anonymous HIV testing, a health care provider working within

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the scope of his or her practice providing samples of specimens for HIV testing, or results of HIV

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tests to the department, shall include the name of the patient and other identifying information

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including information related to the individual's health insurance policy as applicable.

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     (f) Any HIV cases reported in the previous code based system, shall remain in a code-

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based data set. This does not prohibit a physician from submitting or requesting that an updated

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name case report on a patient replace a previously coded case report.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - PREVENTION AND SUPPRESSION OF

CONTAGIOUS DISEASES - HIV/AIDS

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     This act would permit clinical laboratories as defined in § 23-16.2-2(2) to conduct its

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own analysis of specimens for the detection of HIV/AIDS instead of sending the specimens to the

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department of health.

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     This act would take effect upon passage.

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