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:

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

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

follows:

     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 health care

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

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

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

Rhode Island or to those sites performing rapid HIV testing.

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

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

accordance with regulations promulgated by the department.

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

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

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

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

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

department.

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

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

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

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

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

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

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

     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

***

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

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

department of health.

     This act would take effect upon passage.

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