Introduced By: Reps. McNamara, Reilly, Iwuc and Flaherty
Date Introduced : February 3, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 42-56-37 of the General Laws in Chapter 42-56 entitled "Department of Corrections" is hereby amended to read as follows:
42-56-37. Human Immunodeficiency Virus (HIV) testing. -- (a) Every person who shall be committed to the adult correctional institution to answer for any criminal offense, after conviction, shall be required to be tested for Human Immunodeficiency Virus (HIV). No consent for such testing shall be required from the person being tested, nor shall this test be subject to waiver. In addition, periodic testing for Human Immunodeficiency Virus (HIV), including testing at the time of release and when deemed appropriate by a physician, shall be required. No consent on the part of the person being tested shall be required.
(b) All such inmates shall be provided appropriate pretest and
post-test counseling in accordance with accepted medical standards.
{ADD Inmates who develop AIDS or AIDS related complex shall be
entitled to all reasonable medical treatment available for their
illness. ADD} No inmate shall be punished, {ADD segregated ADD} or
denied recreation privileges solely on the basis of a positive
test result. However, the {ADD health care services division of
the ADD} department of corrections shall {ADD , ADD} {DEL take steps
as are DEL} {ADD not later than September 1, 1998, adopt and
put into effect ADD} reasonable {ADD rules and steps ADD} to {ADD protect
the confidentiality of the HIV test results, in accordance with
Section 23-6-17 and to ADD} prevent persons testing positive for
Human Immunodeficiency Virus (HIV) from infecting other inmates
and/or correctional staff {DEL . DEL} {ADD If any person,
including any member of the correctional staff at the State Department
of Corrections, is assaulted or comes into contact with the bodily
fluid from an inmate or detainee, a Department of Corrections
physician will incorporate accepted medical standards and determine
whether the incident places the exposed person at risk for HIV
or any other blood borne disease. This may involve drawing a
serum sample on the source inmate or detainee in accordance with
section 23-6-14 and performing tests to determine the presence
of blood borne infections such as HIV or hepatitis virus. The
physician will immediately inform the exposed person of the medical
assessment of risk, which will take into account the serostatus
of the source inmate or detainee, and will provide for emergency
medical care, according to accepted medical standards. ADD} {DEL
Inmates who develop AIDS or AIDS related complex shall be entitled
to all reasonable medical treatment available for their illness. DEL}
(c) The department of corrections shall institute a comprehensive AIDS education and drug treatment program for inmates and staff at all of its facilities. The educational program for correctional staff shall be inservice, fully reimbursable to the employee, and mandatory and shall be given periodically in collaboration with the department of health. The department of corrections shall make easily accessible personal protective equipment for correctional personnel to be used in the event of administering cardiac or respiratory resuscitation.
SECTION 2. This act shall take effect upon passage.
