Chapter 599

2006 -- H 7773 SUBSTITUTE A AS AMENDED

Enacted 07/14/06

 

A N A C T

RELATING TO CRIMINAL OFFENSES

          

     Introduced By: Representatives Handy, Gallison, and Ehrhardt

     Date Introduced: February 28, 2006

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 11-34-10 of the General Laws in Chapter 11-34 entitled

"Prostitution and Lewdness" is hereby amended to read as follows:

 

     11-34-10. Human Immunodeficiency Virus (HIV). -- (a) Any person convicted of a

violation of any provisions of this chapter shall be required to be tested for Human

Immunodeficiency Virus (HIV). No consent for the testing shall be required.

      (b) The department of health shall be responsible for reasonable costs associated with

performing and reporting the results of the HIV tests, including the costs of pretest and post-test

counseling. The department of health shall maintain sites for providing both anonymous and

confidential HIV testing, and HIV counseling and referral. Each site, funded by the department of

health, shall offer free testing, counseling and referral for indigent parties and other individuals

without health insurance, offer a sliding scale for payment for all other individuals and, in the

case of confidential testing, screen for ability to pay through a third-party insurer. In the case of

nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer

free testing, counseling and referral for indigent parties and other individuals without health

insurance.

     (c) All persons tested under this section shall be provided pretest pre-test and post-test

counseling by individuals trained by the department of health, as an HIV testing counselor, in

accordance with regulations adopted promulgated by the department of health; provided, that the

counseling shall be in accordance with acceptable medical standards.

     (d) All persons who are tested under this section, who are determined to be intravenous

drug abusers, injecting drug users, shall be referred to appropriate sources of drug substance

abuse treatment by the department of health HIV testing counselor and/or the attending

practitioner as follows:

      (1) Those persons who test positive for HIV infection shall be given priority for those

outpatient substance abuse treatment programs which that are sponsored or supported by the

department of health. appropriate state agency responsible for these services.

      (2) Those persons who are injecting drug users and test negative for HIV infection shall

be referred, by the HIV testing counselor and/or attending practitioner, to the appropriate division

state agency responsible for these services in the department of health for earliest possible

evaluation and treatment.

 

     SECTION 2. Section 21-28-4.20 of the General Laws in Chapter 21-28 entitled "Uniform

Controlled Substances Act" is hereby amended to read as follows:

 

     21-28-4.20. Human Immunodeficiency Virus (HIV) -- Testing. -- (a) Any person

convicted of possession of any controlled substance that has been administered with a

hypodermic instrument associated with intravenous drug use, retractable hypodermic syringe,

needle, or any similar instrument adapted for the administration of drugs shall be required to be

tested for human immunodeficiency virus (HIV). No consent for the testing shall be required.

      (b) The department of health shall be responsible for reasonable costs associated with

performing and reporting the results of the HIV tests, including the costs of pre-test and post-test

counseling. The department of health shall maintain sites for providing both anonymous and

confidential HIV testing, and HIV counseling and referral. Each site, funded by the department of

health, shall offer free testing, counseling and referral for indigent parties and other individuals

without health insurance, offer a sliding scale for payment for all other individuals and, in the

case of confidential testing, screen for ability to pay through a third-party insurer. In the case of

nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer

free testing, counseling and referral for indigent parties and other individuals without health

insurance.

     (c) All persons tested under this section shall be provided pre-test and post-test

counseling by individuals trained by the department of health in accordance with regulations

adopted promulgated by the department of health; provided, that this counseling shall be in

accordance with acceptable medical standards.

      (d) All persons who are tested under this section, who are determined to be intravenous

drug abusers, convicted of possession of any controlled substance that has been administered with

a hypodermic instrument, retractable hypodermic syringe, needle, or any similar instrument

adopted for the administration of drugs shall be referred by the HIV testing counselor and/or

attending practitioner to appropriate sources of drug treatment by the department of health as

follows:

      (1) Those persons who test positive for HIV infection shall be given priority for those

outpatient treatment programs which are sponsored or supported by the department of health a

state agency;

      (2) Those persons who test negative for HIV infection shall be referred to the appropriate

division in the department of health for earliest possible evaluation and treatment.

 

     SECTION 3. Sections 23-6-11, 23-6-12, 23-6-14, 23-6-17, 23-6-18, 23-6-20, 23-6-25 and

23-6-26 of the General Laws in Chapter 23-6 entitled "Prevention and Suppression of Contagious

Diseases" are hereby amended to read as follows:

 

     23-6-11. Definitions. -- As used in sections 23-6-10 -- 23-6-24:

      (1) "AIDS" means the medical condition known as acquired immune deficiency

syndrome, caused by infection of an individual by the human immunodeficiency virus (HIV).

      (2) (i) "Exposure evaluation group" means three (3) impartial health care providers

designated to determine if a health care provider has been involved in a significant exposure. No

member of the group shall be directly involved in the exposure.

      (ii) For inpatient services in a licensed health care facility hospital setting the group shall

consist of the patient's attending physician or designee, the chief of service or designee and a staff

nurse. For other non-inpatient exposures in a licensed health care facility, the third member of the

exposure evaluation group shall be a representative from the employee health office. If the

exposure involves the attending physician, another physician shall be designated by the chief of

service.

      (iii) In any other licensed health care facility or in a private office of a physician the

group shall consist of three (3) physicians.

      (3) (2) "HIV" means the human immunodeficiency virus, the pathogenic organism

responsible for the acquired immunodeficiency syndrome (AIDS).

      (4) (3) "HIV informed "Informed consent form" means a standardized form provided by

the Rhode Island department of health to those individuals offered HIV testing. The form shall be

developed by the department and shall contain the following information:

      (i) The public health rationale for HIV testing and information describing the nature of

the HIV disease;

      (ii) The availability and cost of HIV testing and counseling;

      (iii) That test results are confidential with certain exceptions;

      (iv) A list of exceptions to confidentiality of test results;

      (v) That the test is voluntary and that an informed consent form must be signed before

testing;

      (vi) That by signing this form the person is only acknowledging that the AIDS HIV test

and counseling have been offered and/or that he or she has declined (opted-out) the offer to be

tested. ; and

     (vii) Notwithstanding the provisions of subsections (v) and (vi) above, in the event an

individual consents to anonymous testing, the HIV testing counselor and/or attending practitioner

ordering the test shall receive only verbal confirmation from the client that the client understands

all applicable information contained within the informed consent form.

      (5) (4) "HIV test" means any currently medically accepted diagnostic test for

determining infection of an individual by HIV.

      (6) (5) "Person" means any individual, firm, partnership, corporation, company,

association, or joint stock association, state or political subdivision or instrumentality of a state.

      (7) (6) "Physician" means a person licensed to practice allopathic or osteopathic

medicine pursuant to the provisions of chapter 37 of title 5.

      (8) (7) "Services" means health care and social support services.

     (8) "Occupational health representative" is an individual, within a health care facility,

trained to respond to occupational, particularly blood borne, exposures.

 

     23-6-12. Testing. – (a) Recommendations regarding HIV testing shall reference the most

current guidelines issued by the Centers for Disease Control and Prevention (CDC) pertaining to

HIV Counseling, Testing and Referral of Adults, Adolescents and Pregnant Women; provided,

however, those guidelines shall be interpreted by the department of health so as to best serve the

clients and patients seeking HIV testing, and shall in no event be interpreted or implemented in a

manner inconsistent with the minimum informed consent standards of this Title or other

protections of state law. The recommendations shall emphasize that: (1) HIV screening is

recommended in all health care settings, after the patient is informed, in accordance with this

chapter's informed consent standards, that HIV testing will be done unless the patient declines;

(2) persons at high- risk for HIV infection should be screened for HIV at least annually, in

accordance with this chapter's informed consent standards; and (3) only verbal informed consent

is required for anonymous testing.

     (b) Unless otherwise excepted by the provisions of this chapter, no person may be tested

for the presence of HIV where the test result can be identified with a specific individual, unless he

or she has given his or her informed consent by his or her signature or that of a parent, guardian,

or agent on a written informed consent form specifically relating to the test after discussion of

implications of the test with a qualified professional. A physician or health care provider

attending to any person who may be at risk for HIV infection shall routinely offer the HIV test to

those patients. All testing pursuant to this section shall be performed in accordance with sections

23-6-17 (confidentiality) and 23-6-18 (protection of the medical record) and this chapter's

informed consent standards.

     (c) In the event an individual consents to anonymous testing and tests positive for HIV,

the HIV testing counselor shall discuss with the client options regarding referrals and reporting of

this positive screening, including the necessity of accessing a physician.

     (d) In addition to, and separate from, the requirement of subdivision 23-6-26(b)(4), all

HIV CD4 T-lymphocyte test results and all HIV viral load detection test results, detectable and

nondetectable, shall be reported to the department of health through a department designed

reporting system that uses a nonname based code and contains no patient identifying information.

These reports may be used by the department to improve the clinical progress of patients through

contact with their physicians, and to use the aggregate information collected to develop and

improve prevention programs and create better access to care.

 

     23-6-14. Exceptions. -- Notwithstanding the provisions of sections 23-6-12 and 23-6-13,

a A physician or other health care provider may draw blood and secure a test sample for the

presence of HIV without informed consent under the following conditions:

      (1) When the person to be tested is under one year of age;

      (2) When the person to be tested is between one and thirteen (13) years of age and

appears to be symptomatic for HIV;

      (3) When the person to be tested is a minor under the care and authority of the

department of children, youth, and families, and the director of that department certifies that an

HIV test is necessary to secure health or human services for that person;

      (4) When a person (the complainant) can document significant exposure to blood or

other bodily fluids of another person (the individual to be tested), during the performance of the

complainant's occupation, providing:

      (i) The complainant completes an incident report within forty-eight (48) hours of the

exposure, identifying the parties to the exposure, witnesses, time, place, and nature of the event;

      (ii) The complainant submits to a baseline HIV test and is negative on that test for the

presence of HIV, within seventy-two (72) hours of the exposure; and

      (iii) There has been a significant percutaneous or mucus membrane exposure, i.e.,

needlestick, bite, splash over open wound, broken skin, or mucus membrane, by blood or bodily

fluids of the person to be tested of a type and in sufficient concentration to permit transmission of

HIV if present in those fluids. ; and

     (iv) If a sample of the patient's blood is not otherwise available and the patient refuses to

grant informed consent, then the complainant may petition the superior court for a court order

mandating that the test be performed.

      (5) (i) In a licensed health care facility or in the private office of a physician in the event

that an occupational health representative or physician, registered nurse practitioner, physician

assistant, or nurse-midwife not directly involved in the exposure evaluation group, as defined in

section 23-6-11(2), determines that a health care provider, other than one in a supervisory

position to the person making the determination had has a significant exposure to the blood

and/or body fluids of a patient and the patient or the patient's guardian refuses to grant informed

consent for an HIV test to determine whether the patient has HIV, then, if a sample of the

patient's blood is available, that blood shall be tested for HIV.

      (ii) If a sample of the patient's blood is not otherwise available and the patient refuses to

grant informed consent, then the health care worker may petition the superior court for a court

order mandating that the test be performed.

      (iii) Before a patient or a sample of the patient's blood is required to undergo an HIV

test, the health care provider must submit to a baseline HIV test within seventy-two (72) hours of

the exposure.

      (iv) No member of the exposure evaluation group person who determines that a health

care worker has sustained a significant exposure and authorizes the HIV testing of a patient, nor

any person or health care facility who relies acts in good faith on the group's determination and

recommends performs the test be performed, shall have any liability as a result of their actions

carried out under this chapter, unless those persons are proven to have act acted in bad faith.

      (6) In an emergency, where due to a grave medical or psychiatric condition, it is

impossible to obtain consent from the patient or the patient's parent, guardian, or agent.

      (7) As permitted under sections 23-18.6-12 (organ transplant), 23-1-38 (sperm donation)

and 23-8-1.1 (person under eighteen (18) years may give consent for testing for communicable

diseases).

      (8) Mandatory testing for human immunodeficiency virus (HIV) conducted pursuant to

sections 42-56-37 (testing at ACI), 11-34-10 (prostitution) , and 21-28-4.20 (IDU and needles).

 

     23-6-17. 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, or in the

case of a minor, the minor's parent, guardian, or agent, on a form that specifically states that HIV

test results may be released, except:

      (1) A licensed laboratory or other health care facility which performs HIV tests shall

report test results to a patient's licensed physician or other medical personnel who requested the

test, and to the director of the department of health, pursuant to rules and regulations adopted for

that purpose.

      (2) A physician:

      (i) May enter HIV test results in the medical record, as would be the case with any other

diagnostic test;

      (ii) May notify other health professionals directly involved in the care of the individual

testing positive on the HIV test, or to whom that individual is referred for treatment;

      (iii) May notify persons exposed to blood or other body fluids of an individual who tests

positive for HIV, pursuant to section 23-6-14(4) through (8) (exceptions) and section 23-17-31

(testing of hospitalized patients);

      (iv) May notify the director of the department of children, youth, and families, pursuant

to section 23-6-14(3) (testing of a minor to secure services); and

      (v) May inform third parties with whom an HIV-infected patient is in close and

continuous exposure related contact, including but not limited to a spouse and/or partner, if the

nature of the contact, in the physician's opinion, poses a clear and present danger of HIV

transmission to the third party, and if the physician has reason to believe that the patient, despite

the physician's strong encouragement, has not and will not warn inform the third party that they

may have been exposed to HIV; the procedure to be followed by the physician shall be

established by the director of the department of health;

      (3) As permitted in subsections (b)(1), (2), (5), (6), (8), (9), (10), (11), (12), (13), (14),

and (15) of section 5-37.3-4 (confidentiality of health care information) and section 40.1-5-26

(disclosure of confidential information under mental health law), or as otherwise required by law.

      (4) By a health care provider to appropriate persons entitled to receive notification of

persons with infectious or communicable diseases pursuant to sections 23-5-9 (report of

infectious disease upon death) and 23-28.36-3 (notification to EMT, firefighter, police officer of

infectious disease).

     (b) Facilities and other health care providers subject to this section will have

documentation that each person with access to any confidential information understands and

acknowledges that the information may not be disclosed except as provided herein. The director

shall establish protocols for collecting, maintaining and transferring the information (and

ultimately destroying the information) to ensure the integrity of the transfer, and, if possible, the

director may suspend any transfer, even to CDC, if he or she is not confident that the transfer is

secure.

 

     23-6-18. 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 these data, as provided in section 23-6-17,

and shall take appropriate steps for their protection, including:

      (1) Keeping records secure at all times and establishing adequate confidentiality

safeguards for any records electronically stored;

      (2) Establishing and enforcing reasonable rules limiting access to these records; and

      (3) Training persons who handle records in security objectives and technique.

     (b) The department shall evaluate reports of HIV/AIDS for completeness and potential

referrals for service. All case reports shall be kept in a confidential and secure setting. An

HIV/AIDS policy and protocol for security shall be developed and implemented by the

department for this purpose.

     (1) The department shall evaluate its procedures for HIV/AIDS reporting on a

continuous basis for timeliness, completeness of reporting, and security of confidential

information.

     (2) The department's protocol shall be in accordance with the recommendations of the

December 10, 1999 Morbidity and Mortality Weekly Report Recommendations and Reports,

"CDC Guidelines for National Human Immunodeficiency Virus Case Surveillance, including

monitoring for Human Immunodeficiency Virus infection and Acquired Immunodeficiency

Syndrome" document, or its successor document, that pertains to patient records and

confidentiality; provided, however, that in no event shall the protocol be less protective than that

required by state law.

     (3) All reports and notifications made pursuant to this section shall be confidential and

protected from release except under the provisions of this law. Any person aggrieved by a

violation of this section shall have a right of action in the superior court and may recover for each

violation:

     (i) Against any person who negligently violates a provision of this section, damages of

one thousand dollars ($1,000) or actual damages, whichever is greater.

     (ii) Against any person who intentionally or recklessly violates a provision of this section,

damages of five thousand dollars ($5,000) or actual damages, whichever is greater.

     (iii) Reasonable attorneys' fees;

     (iv) Such other relief, including an injunction, as the court may deem appropriate; and

     (v) Any action under this section is barred unless the action is commenced within three

(3) years after the cause of action accrues. A cause of action shall accrue when the injured party

becomes aware of an unauthorized disclosure.

 

     23-6-20. Notification of disclosure. -- 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 in by subsections (1), (2)(i), (2)(ii), (2)(iv), and or (4) of

section 23-6-17 (permitted disclosures re: confidentiality), and permitted by and disclosed in

accordance with the federal health insurance portability and accountability act of 1996 (Public

law 104-191) enacted on August 21, 1996 and as thereafter amended, the person so disclosing

shall make reasonable efforts to inform that individual in advance of:

      (1) The nature and purpose of the disclosure;

      (2) The date of disclosure;

      (3) The recipient of the disclosed information.

 

     23-6-25. Alternative test sites. -- The department of health shall maintain alternative

sites for providing free, voluntary, anonymous HIV testing, counseling, and referral on a

continuing basis and at sites that, may be designated by the director of the department of health.

The department of health shall maintain sites for providing both anonymous and confidential HIV

testing, and HIV counseling and referral. Each site, funded by the department of health, shall

offer free testing, counseling and referral for indigent parties and other individuals without health

insurance, offer a sliding scale for payment for all other individuals and, in the case of

confidential testing, screen for ability to pay through a third-party insurer. In the case of

nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer

free testing, counseling and referral for indigent parties and other individuals without health

insurance.

 

     23-6-26. Laboratory analysis for HIV. -- (a) HIV/AIDS is regarded to cause significant

morbidity and mortality, can be screened, diagnosed and treated, and is of major public health

concern, such that surveillance of the disease occurrence is in the public interest, and therefore

shall be designated as notifiable and reportable by name.

     (b) Under this provision the following shall be reported:

     (1) A diagnosis of HIV, according to the U.S. Centers for Disease Control and Prevention

case definition of HIV.

     (2) A diagnosis of AIDS, according to the U.S. Centers for Disease Control and

Prevention case definition of AIDS.

     (3) A positive ELIZA result of any HIV test and/or other FDA approved test indicative of

the presence of HIV.

     (4) CD4 T-lymphocyte test results <200 mg/dl and or fourteen percent (14%).

     (5) A perinatal exposure of a newborn to HIV indicated by two positive PCR tests; <18

months; and/or other U.S. Food and Drug Administration approved tests that indicate the

presence of HIV in pediatric cases.

     (6) Other U.S. Food and Drug Administration approved tests indicative of the presence of

HIV/AIDS, as approved by the department.

     (a) (c) All biological samples or specimens taken from Rhode Island residents for the

purpose of performing laboratory analysis for the detection of antibody to human

immunodeficiency virus (HIV), by or under the direction or order of any physician licensed to

practice medicine in this state, or on order of any duly licensed health care provider shall be sent

to the Rhode Island department of health laboratory for analysis. Specimens analyzed for the sole

purpose of assuring the safety of the blood supply or for strictly research purposes may be tested

for HIV antibody in other licensed laboratories. This provision shall not apply to those HIV tests

performed in a hospital laboratory. Hospitals shall forward all positive HIV test results to the

department of health. The department of health laboratory shall conduct all confirmatory testing

for HIV/AIDS; exceptions, for alternative testing methods, may be granted through written

approval by the department of health.

      (b) (d) No Except in the case of anonymous testing, a physician or laboratory or duly

licensed health care provider providing samples or specimens for HIV-testing, or results of HIV

tests to the department, shall include the name of the patient. or any other information which

would identify the person tested.

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

based data set. The department of health shall only use and require HIV name case reports

submitted after the enactment of this law.

      (f) In addition to, and separate from, the requirement of subdivision 23-6-26(b)(4), all

HIV CD4 T-lymphocyte test results and all HIV viral load detection test results, detectable and

nondetectable, shall be reported to the department of health through a department designed

reporting system that uses a nonname based code and contains no patient identifying information.

These reports may be used by the department to improve the clinical progress of patients through

contact with their physicians, and to use the aggregate information collected to develop and

improve prevention programs and create better access to care.

 

     SECTION 4. Chapter 23-6 of the General Laws entitled "Prevention and Suppression of

Contagious Diseases" is hereby amended by adding thereto the following section:

 

     23-6-27. Reporting of HIV/AIDS and perinatal exposure of newborns. – (a) The

following persons shall report information required by this section to the department's HIV/AIDS

surveillance team:

     (1) a physician/health care provider who diagnoses or treats HIV/AIDS;

     (2) The administrator of a health care facility as defined in Rhode Island general laws

chapter 23-17 who diagnoses or treats HIV/AIDS; or

     (3) the administrator of a prison in which there is an HIV/AIDS infected person or

perinatal exposure to HIV/AIDS.

     Reports provided under this section shall specify the infected person's name, as well as all

information required on the official department HIV Case Report Form.

     (b) Any high managerial agent who is responsible for the administration of a clinical or

hospital laboratory, blood bank, mobile unit, or other facility in which a laboratory examination

of any specimen derived from a human body yields serological, or other evidence of HIV/AIDS,

including perinatal exposure to HIV/AIDS shall notify the department in a timely manner as

stipulated in the rules promulgated by the department. Reports provided under this section shall

specify the name as well as all information indicated on the official department HIV Case Report

Form.

     (c) Reports as required by this section shall only be made if confirmed with a Western

Blot or other FDA approved confirmatory test.

     (1) All facilities obtaining blood from human donors for the purpose of transfusion or

manufacture of blood products shall report HIV/AIDS consistent with this section.

     (2) Any laboratory that processes specimens shall permit the department to examine the

records of said laboratory, facility, or office in order to evaluate compliance with this section.

     (d) Perinatal HIV/AIDS exposure reporting shall be made to the department regardless of

confirmatory testing.

     (e) Reports required by this section shall be mailed within forty-eight (48) hours of

diagnosis or treatment, to the department using a designated envelope that shall be provided by

the department's HIV/AIDS Surveillance Team. Any other reporting method shall be approved in

advance by the department.

     (f) Nothing in this section shall preclude the performance of anonymous HIV/AIDS

testing.

 

     SECTION 5. Sections 23-11-17 and 23-11-19 of the General Laws in Chapter 23-11

entitled "Sexually Transmitted Diseases" are hereby amended to read as follows:

 

     23-11-17. Human immunodeficiency virus (HIV) testing. -- (a) The physician or health

care provider attending any person for a suspected sexually transmitted disease shall offer testing

for human immunodeficiency virus (HIV). All testing pursuant to this section shall be performed

in accordance with sections 23-6-17 (confidentiality) and 23-6-18 (protection of the medical

record) and the informed consent standards contained in chapter 6 of title 23. The identity of the

individuals tested under this section shall be maintained only at the site where the sample is

drawn, and shall not be released except as otherwise provided by statute.

      (b) Each person who is offered a test tested and counseling counseled shall first be

provided with an "informed consent form" as provided by subsection 23-6-11(3), and shall

specifically be given the opportunity to decline or opt-out of testing, which he or she shall sign

and date in acknowledgment of his/her election to be tested. the offer. The department of health is

responsible for costs associated with performing and reporting the results of the HIV tests,

including the reasonable costs of pretest and post-test counseling. Those reasonable costs shall be

negotiated and specified by contract.

     (b) In the event an individual consents to anonymous testing and tests positive for HIV,

the HIV testing counselor shall provide the client an informed consent form as provided by

subsection 23-6-11(3). If an individual is tested anonymously and is found positive on the initial

screening test or during a post-test consultation, the counselor shall discuss, with the client,

options regarding referrals and reporting of this positive screening, including the necessity of

accessing a physician. The department of health shall maintain sites for providing both

anonymous and confidential HIV testing, and HIV counseling and referral. Each site, funded by

the department of health, shall offer free testing, counseling and referral for indigent parties and

other individuals without health insurance, offer a sliding scale for payment for all other

individuals and, in the case of confidential testing, screen, for ability to pay through a third-party

insurer. In the case of nonfunded sites for HIV testing, organizations and/or institutions

performing the test shall offer free testing, counseling and referral for indigent parties and other

individuals without health insurance.

      (c) All persons tested under this section shall be provided pretest and post-test

counseling counseled and tested in accordance with regulations adopted promulgated by the

department of health; provided, however, that the counseling shall be in accordance with

acceptable medical standards. , and no test results shall be given by any means (e.g. phone, mail,

e-mail, fax, etc.) other than in person . Counselors for HIV counseling, testing and referral must

undergo training given by the department of health to become a qualified professional counselor.

 

     23-11-19. Exchange of hypodermic needles and syringes. -- (a) The director of the

department of health shall maintain a program offering the free exchange of new hypodermic

needles and syringes for used hypodermic needles and syringes as a means to prevent the

transmission of human immunodeficiency virus (HIV) or viral hepatitis among intravenous

injecting drug users eighteen (18) years of age or older. Any site used in the program shall be

approved by the director of health and shall make available educational materials, HIV

counseling and testing, and referral services targeted to the education of HIV/AIDS and viral

hepatitis transmission as well as information and referrals pertaining to and drug substance abuse

prevention and treatment. Any individual(s) who either administers or participates in the program

shall be immune from criminal prosecution for violating the provisions of section 21-28.5-

1(a)(11) [deleted] unless the individual(s) is found to have in his or her possession hypodermic

needles and syringes that are not a part of the exchange program.

      (b) Any program of needle and syringe exchange must be implemented pursuant to the

provisions of this section and shall incorporate an on-going evaluation plan to determine the

impact of the needle exchange program on the participants and the community in the efforts to

lower the HIV rate among injecting users including successful referrals to substance abuse

treatment.

 

     SECTION 6. Section 23-13-19 of the General Laws in Chapter 23-13 entitled "Maternal

and Child Health Services for Children with Special Health Care Needs" is hereby amended to

read as follows:

 

     23-13-19. Human immunodeficiency virus (HIV) testing. -- (a) Every physician or

health care provider attending any person for prenatal care or family planning services shall offer

testing for human immunodeficiency virus (HIV) unless deemed inappropriate by the physician.

All testing pursuant to this section shall be performed in accordance with sections 23-6-12 and

23-6-13. The identity of the individuals tested under this section shall be maintained only at the

site where the sample is drawn and shall not be released except as otherwise provided by statute.

Each person who is offered a human immunodeficiency virus (HIV) test and counseling shall be

provided with an "informed consent form" which he or she shall sign and date in

acknowledgment of that offer. The department of health is responsible for reasonable costs

associated with performing and reporting the results of the HIV tests including the reasonable

costs of pretest and post-test counseling. Those reasonable costs shall be negotiated and specified

by contract.

     Every physician or health care provider attending any person for prenatal care or family

planning services shall universally offer HIV screening in these settings so as to promote earlier

detection of HIV with unrecognized or no identified risk factors. HIV should be included in the

routine panel of prenatal tests for all pregnant women. Repeat testing in the third trimester is

recommended if determined by the physician. Each person who is offered testing and counseling

shall first be provided with an "informed consent form" as provided by subsection 23-6-11(3),

which he/she shall sign and date, and shall specifically be given the opportunity to decline or opt-

out of the testing. All testing pursuant to this section shall be performed in accordance with

sections 23-6-12 and 23-6-13.

     (b) In the event an individual consents to anonymous testing and tests positive for HIV,

the HIV testing counselor shall discuss with the client options regarding referrals and reporting of

this positive screening, including the necessity of accessing a physician. The department of health

shall maintain sites for providing both anonymous and confidential HIV testing, and HIV

counseling and referral. Each site, funded by the department of health, shall offer free testing,

counseling and referral for indigent parties and other individuals without health insurance, offer a

sliding scale for payment for all other individuals and, in the case of confidential testing, screen

for ability to pay through a third-party insurer. In the case of nonfunded sites for HIV testing,

organizations and/or institutions performing the test shall offer free testing, counseling and

referral for indigent parties and other individuals without health insurance.

      (b) (c) All persons tested under this section shall be counseled and tested provided

pretest and post-test counseling in accordance with regulations adopted promulgated by the

department of health.; provided, however, that the counseling shall be in accordance with

acceptable medical standards.

 

     SECTION 7. Section 23-17-31.1 of the General Laws in Chapter 23-17 entitled

"Licensing of Health Care Facilities" is hereby amended to read as follows:

 

     23-17-31.1. Human immunodeficiency virus (HIV) testing -- Facilities for drug

abusers. – Human immunodeficiency virus (HIV) testing – Facilities for drug users. -- (a)

Every physician or health care provider attending any person for any service offered at a facility

for intravenous injecting drug users, shall offer testing for human immunodeficiency virus (HIV)

unless deemed inappropriate by the physician. All testing pursuant to this section shall be

performed in accordance with sections 23-6-17 (confidentiality) and 23-6-18 (protection of

records), except where federal confidentiality laws may supersede. The identity of the individuals

tested under this section shall be maintained only at the site where the sample is drawn, and shall

not be released except as otherwise provided by the statute.

      (b) Each person who is offered a test and counseling shall be provided with an "AIDS

testing and notification form" which he or she shall sign and date in acknowledgement of the

offer.

     Each person tested and counseled shall first be provided an "informed consent form" as

provided by subsection 23-6-11(3), which he/she shall sign and date, and shall specifically be

given the opportunity to decline or opt-out of the testing.

     (c) In the event an individual consents to anonymous testing and tests positive for HIV,

the HIV testing counselor shall discuss, with the client, options regarding referrals and reporting

of this positive screening, including the necessity of accessing a physician.

      (c) (d) The department of health shall be responsible for reasonable costs associated with

performing and reporting the results of the HIV tests, including the costs of pretest and post-test

counseling. The reasonable costs shall be negotiated and specified by contract. The department

of health shall maintain sites for providing both anonymous and confidential HIV testing, and

HIV counseling and referral. Each site, funded by the department of health, shall offer free

testing, counseling and referral for indigent parties and other individuals without health insurance,

offer a sliding scale for payment for all other individuals and, in the case of confidential testing,

screen for ability to pay through a third-party insurer. In the case of nonfunded sites for HIV

testing, organizations and/or institutions performing the test shall offer free testing, counseling

and referral for indigent parties and other individuals without health insurance.

      (d) (e) All persons tested under this section shall be provided pretest and post-test

counseling counseled and tested in accordance with regulations adopted by the department of

health. The counseling shall be in accordance with acceptable medical standards.

 

     SECTION 8. Sections 23-28.36-2 and 23-28.36-3 of the General Laws in Chapter 23-

28.36 entitled "Notification of Fire Fighters, Police Officers and Emergency Medical Technicians

After Exposure to infectious diseases" are hereby amended to read as follows:

 

     23-28.36-2. Definitions. -- The following terms when used in this chapter shall have the

following meanings herein ascribed:

      (1) "Contagious disease" means an infectious disease.

      (2) "Disability" means a condition of physical incapacity to perform any assigned duty or

duties in the fire department or emergency medical service.

      (3) "Emergency medical technician" means a person licensed pursuant to chapter 4.1 of

this title to provide emergency medical services.

      (4) "Fire department" means service groups (paid or volunteer) that are organized and

trained for the prevention and control of loss of life and property from fire or other emergency.

      (5) "Fire fighter" means an individual who is assigned to fire fighting activity and is

required to respond to alarms and perform emergency action at the location of a fire, hazardous

materials, or other emergency incident.

      (6) "Infectious disease" means interruption, cessation, or disorder of body functions,

systems, or organs transmissible by association with the sick or their secretions or excretions,

excluding the common cold. Infectious disease includes, but is not limited to, human

immunodeficiency virus (HIV), hepatitis B virus (HBV), and hepatitis C virus (HCV).

      (7) "Licensed facility" means a hospital, nursing home, medical clinic, dialysis center,

physician's office operatory, or the like, as may be licensed by the province state to provide

medical care.

      (8) "Police officer" means any permanently employed city or town police officer, state

police officer, committing squad member, or other permanent law enforcement officer as defined

in section 12-7-21; provided, however, this shall not include the highest ranking officer of any of

the departments.

      (9) "Strike force member" means any member of the statewide strike force of the

department of attorney general.

 

     23-28.36-3. Notification of infectious diseases. -- (a) Notwithstanding the provisions of

sections 40.1-5-26 (disclosure of confidential information and records under mental health law)

and 5-37.3-4 (confidentiality of health care information), if, while treating, investigating, or

transporting an ill or injured person to a licensed facility, a fire fighter, police officer, strike force

member or emergency medical technician comes into contact with is occupationally exposed (e.g.

blood borne exposure) to a person who is subsequently diagnosed as having an infectious disease,

and the exposure is sufficient to create the risk of transmission of the disease, the licensed facility

receiving that person shall notify the highest ranking officer of the treating, investigating, or

transporting individual's department of health of the exposure to that person which officer shall

then notify the exposed individual. Further, any city or town police department notified of

infectious diseases pursuant to the provisions of this section shall, within forty-eight (48) hours,

notify any strike force member who was exposed to the infected person.

      (b) The notification shall be made within forty-eight (48) hours, or sooner, of

confirmation of the patient's diagnosis.

      (c) The notified employee shall contact the licensed health care facility to determine the

infectious disease to which he or she has been exposed, and to receive the appropriate medical

direction for dealing with the infectious disease.

      (d) Notification made pursuant to this section shall be conducted in a manner which will

protect the confidentiality of the patient, fire fighter, police officer, or emergency technician.

 

     SECTION 9. Section 40.1-24-20 of the General Laws in Chapter 40.1-24 entitled

"Licensing of Facilities and Programs for People who are Mentally Ill and/or Developmentally

Disabled" is hereby amended to read as follows:

 

     40.1-24-20. Human immunodeficiency virus (HIV) testing -- Facilities for drug

abusers. – Human immunodeficiency virus (HIV) testing – Facilities for drug users. -- (a)

Every physician or health care provider attending any person for any service offered at a facility

for intravenous drug users, shall offer testing for human immunodeficiency virus (HIV) unless

deemed inappropriate by the physician. All testing pursuant to this section shall be performed in

accordance with sections 23-6-17 (confidentiality) and 23-6-18 (protection of medical records)

and the informed consent standards contained in chapter 6 of title 23, except where federal

confidentiality laws may supercede. The identity of the individuals tested under this section shall

be maintained only at the site where the sample is drawn, and shall not be released except as

otherwise provided by statute.

      (b) Each person who is offered a test and counseling shall be provided with an "informed

consent form" which he or she shall sign and date in acknowledgment of the offer.

     Each person tested and counseled shall first be provided with an "informed consent form"

as provided by subsection 23-6-11(3), which he/she shall sign and date, and shall specifically be

given the opportunity to decline or opt-out of the testing.

     (c) In the event an individual consents to anonymous testing and tests positive for HIV,

the HIV testing counselor shall discuss with the client options regarding referrals and reporting of

this positive screening, including the necessity of accessing a physician.

     (d) The department of health shall assist providers with performing and reporting the

results of the HIV tests.

      (c) (e) The department of health shall be responsible for reasonable costs associated with

performing and reporting the results of the HIV tests, including the costs of pretest and post test

counseling. The reasonable costs shall be negotiated and specified by contract.

     The department of health shall maintain sites for providing both anonymous and

confidential HIV testing, and HIV counseling and referral. Each site, funded by the department of

health, shall offer free testing, counseling and referral for indigent parties and other individuals

without health insurance, offer a sliding scale for payment for all other individuals and, in the

case of confidential testing, screen for ability to pay through a third-party insurer. In the case of

nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer

free testing, counseling and referral for indigent parties and other individuals without health

insurance.

      (d) (f) All persons tested under this section shall be provided pretest and post test

counseling counseled and tested in accordance with regulations adopted promulgated by the

department of health.; provided, however, that the counseling shall be in accordance with

acceptable medical standards.

 

     SECTION 10. This act shall take effect upon passage.

     

=======

LC01565/SUB A

=======