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 | |
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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: | |
1 | SECTION 1. Section 23-6.3-15 of the General Laws in Chapter 23-6.3 entitled |
2 | "Prevention and Suppression of Contagious Diseases - HIV/AIDS" is hereby amended to read as |
3 | follows: |
4 | 23-6.3-15. Laboratory analyses and reporting. |
5 | (a) All biological samples or specimens taken for the purpose of performing laboratory |
6 | analysis for the detection of antibody to HIV, by or under the direction or order of any health care |
7 | provider working within the scope of his or her practice, shall be sent to the department of health |
8 | laboratory for analysis. This provision shall not apply to those HIV tests performed in a hospital |
9 | laboratory, clinical laboratories as defined in § 23-16.2-2(2) with testing facilities located in |
10 | Rhode Island or to those sites performing rapid HIV testing. |
11 | (b) Hospitals shall forward all positive confirmatory HIV test results to the department. |
12 | All sites performing HIV testing must submit an annual HIV testing report to the department in |
13 | accordance with regulations promulgated by the department. |
14 | (c) The department laboratory shall conduct all confirmatory testing for HIV/AIDS with |
15 | the exception of written waivers issued by the department as indicated in (d) below. |
16 | (d) Sites performing non-venapuncture HIV testing (e.g. rapid testing), must seek a |
17 | waiver from the department to provide confirmatory HIV testing from a laboratory other than the |
18 | state laboratory, and shall forward all positive and negative confirmatory HIV tests results to the |
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1 | department. |
2 | (e) Except in the case of anonymous HIV testing, a health care provider working within |
3 | the scope of his or her practice providing samples of specimens for HIV testing, or results of HIV |
4 | tests to the department, shall include the name of the patient and other identifying information |
5 | including information related to the individual's health insurance policy as applicable. |
6 | (f) Any HIV cases reported in the previous code based system, shall remain in a code- |
7 | based data set. This does not prohibit a physician from submitting or requesting that an updated |
8 | name case report on a patient replace a previously coded case report. |
9 | 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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1 | This act would permit clinical laboratories as defined in § 23-16.2-2(2) to conduct its |
2 | own analysis of specimens for the detection of HIV/AIDS instead of sending the specimens to the |
3 | department of health. |
4 | This act would take effect upon passage. |
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