2024 -- S 2442

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LC004492

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO HEALTH AND SAFETY -- PREVENTION AND SUPPRESSION OF

CONTAGIOUS DISEASES -- HIV/AIDS

     Introduced By: Senators Murray, Mack, LaMountain, Lauria, F. Lombardi, and
Bissaillon

     Date Introduced: February 12, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. WHEREAS, The Rhode Island House of Representatives passed House

Resolution 5250, creating a “Special Legislative Study Commission Ensuring Racial Equity and

Optimizing Health and Safety Laws Affecting Marginalized Individuals” (hereinafter “the

Commission”) in 2021; and

     WHEREAS, This thirteen member Commission specifically sought to draw from and

expand upon the significant research on the health and safety implications of laws related to

violence, exploitation, stigma, human trafficking and sexual health; laws that disproportionately

impact women, transgender individuals, and people of color; and

     WHEREAS, Members of the Commission met seven times between November 2021 and

April 2023 and heard testimony from a variety of experts and individuals with lived experience in

the sex trade. This included public health testimony that supported the removal of mandatory HIV

testing laws; and

     WHEREAS, The Commission issued a comprehensive final report on August 14, 2023,

calling for numerous recommendations. In relevant part, the report issued the following

recommendation on page 7:

     Recommend the General Assembly repeal § 23-6.3-4(a)(7), which requires any individual

convicted of prostitution to have an HIV test performed on them; and

     WHEREAS, States around the country have similarly amended laws in accordance with

public health data, recommendations by experts, and legislative task force findings. Nevada,

Virginia, and Colorado recently made similar amendments to repeal mandatory HIV testing for

those arrested for prostitution crimes; and

     WHEREAS, Existing Rhode Island law provides necessary access to resources for those

persons living with HIV that are arrested for commercial sexual activity that will stay intact.

     SECTION 2. Section 23-6.3-4 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:

     23-6.3-4. Exceptions to consent requirements.

     (a) A healthcare provider may test for the presence of HIV without obtaining consent from

the individual to be tested under the following conditions:

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

     (2) When a child between one and thirteen (13) years of age appears to be symptomatic for

HIV;

     (3) When the individual 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 individual;

     (4) In a licensed healthcare facility or healthcare setting, in the event that an occupational

health representative or physician, registered nurse practitioner, physician assistant, or nurse-

midwife, not directly involved in the exposure, determines that an employee or emergency service

worker, other than one in a supervisory position to the person making the determination, had a

significant exposure to the blood and/or body fluids of a patient and the patient or the patient’s

guardian refuses to grant 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.

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

grant consent to draw blood, the employee or emergency service worker may petition the superior

court for a court order mandating that the test be performed.

     (ii) Before a patient or a sample of the patient’s blood is required to undergo an HIV test,

the employee or emergency service worker must submit to a baseline HIV test within seventy-two

(72) hours of the exposure.

     (iii) No person who determines that an employee or emergency service worker has

sustained a significant exposure and authorizes the HIV testing of a patient, nor any person or

healthcare facility who acts in good faith and recommends 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 acted in bad faith.

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     (iv) For the purposes of this section, “emergency service worker” means a worker

responding on behalf of a licensed ambulance/rescue service, or a fire department or a law

enforcement agency, who, in the course of his/her professional duties, has been exposed to bodily

fluids in circumstances that present a significant risk of transmission of HIV, and has completed a

pre-hospital exposure form in accordance with § 23-4.1-19.

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

impossible to obtain consent from the patient or, if applicable under state law, the patient’s parent,

guardian, or agent.

     (6) As permitted under § 23-1-38 entitled “HIV Antibody Testing-Sperm Collection or

Donation.”

     (7) Any individual convicted of a violation of any provisions of chapter 34.1 of title 11

entitled “Commercial Sexual Activity,” shall be required to be tested for HIV unless already

documented HIV positive. All individuals tested under this section shall be informed of their test

results. All individuals tested under this section who are determined to be injecting and/or intra-

nasal drug users shall be referred to appropriate substance abuse treatment as outlined in § 23-6.3-

3(e).

     (8) Any individual convicted of possession of any controlled substance as defined in

chapter 28 of title 21 entitled “Uniform Controlled Substances Act,” that has been administered

with a hypodermic instrument, retractable hypodermic syringe, needle, intra-nasally, or any similar

instrument adapted for the administration of drugs shall be required to be tested for HIV unless

already documented HIV positive.

     (9) All individuals tested under this section shall be informed of their test results.

     (10) In accordance with the provisions of chapter 37 of title 11, entitled, “Sexual Assault,”

any individual who has admitted to or been convicted of or adjudicated wayward or delinquent by

reason of having committed any sexual offense involving penetration whether or not a sentence or

fine is imposed or probation granted, shall be ordered by the court upon petition of the victim,

immediate family members of the victim or legal guardian of the victim, to submit to a blood test

for the presence of a sexually transmitted disease including, but not limited to, HIV. All individuals

tested under this section shall be informed of their test results.

     (11) In accordance with the provisions or § 42-56-37, entitled “HIV Testing,” every

individual who is committed to the adult correctional institutions to any criminal offense, after

conviction, is required to be tested for HIV.

     (b) 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, except in accordance with § 23-6.3-7.

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     SECTION 3. Section 11-34.1-12 of the General Laws in Chapter 11-34.1 entitled

"Commercial Sexual Activity" is hereby amended to read as follows:

     11-34.1-12. Human Immunodeficiency Virus (HIV).

     (a) Any person convicted of a violation of any provisions of this chapter shall be required

provided the option to be tested for Human Immunodeficiency Virus (HIV). No consent for the

testing shall be required.

     (b) 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, as an HIV testing counselor, in accordance with

regulations 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 injecting drug

users, shall be referred to appropriate sources of substance abuse treatment by the 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 that are sponsored or supported by the 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 state agency

responsible for these services for earliest possible evaluation and treatment.

     SECTION 4. 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 repeal the required HIV testing for an individual convicted under chapter

34.1 of title 11 ("commercial sexual activity"). It would also allow the option for HIV testing for

any person convicted under this chapter.

     This act would take effect upon passage.

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