2024 -- S 2442 SUBSTITUTE A | |
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LC004492/SUB A | |
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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 | |
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Introduced By: Senators Murray, Mack, LaMountain, Lauria, F. Lombardi, and | |
Date Introduced: February 12, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 23-6.3-4 of the General Laws in Chapter 23-6.3 entitled "Prevention |
2 | and Suppression of Contagious Diseases — HIV/AIDS" is hereby amended to read as follows: |
3 | 23-6.3-4. Exceptions to consent requirements. |
4 | (a) A healthcare provider may test for the presence of HIV without obtaining consent from |
5 | the individual to be tested under the following conditions: |
6 | (1) When the individual to be tested is under one year of age; |
7 | (2) When a child between one and thirteen (13) years of age appears to be symptomatic for |
8 | HIV; |
9 | (3) When the individual to be tested is a minor under the care and authority of the |
10 | department of children, youth and families, and the director of that department certifies that an HIV |
11 | test is necessary to secure health or human services for that individual; |
12 | (4) In a licensed healthcare facility or healthcare setting, in the event that an occupational |
13 | health representative or physician, registered nurse practitioner, physician assistant, or nurse- |
14 | midwife, not directly involved in the exposure, determines that an employee or emergency service |
15 | worker, other than one in a supervisory position to the person making the determination, had a |
16 | significant exposure to the blood and/or body fluids of a patient and the patient or the patient’s |
17 | guardian refuses to grant consent for an HIV test to determine whether the patient has HIV, then, |
18 | if a sample of the patient’s blood is available, that blood shall be tested for HIV. |
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1 | (i) If a sample of the patient’s blood is not otherwise available and the patient refuses to |
2 | grant consent to draw blood, the employee or emergency service worker may petition the superior |
3 | court for a court order mandating that the test be performed. |
4 | (ii) Before a patient or a sample of the patient’s blood is required to undergo an HIV test, |
5 | the employee or emergency service worker must submit to a baseline HIV test within seventy-two |
6 | (72) hours of the exposure. |
7 | (iii) No person who determines that an employee or emergency service worker has |
8 | sustained a significant exposure and authorizes the HIV testing of a patient, nor any person or |
9 | healthcare facility who acts in good faith and recommends the test be performed, shall have any |
10 | liability as a result of their actions carried out under this chapter, unless those persons are proven |
11 | to have acted in bad faith. |
12 | (iv) For the purposes of this section, “emergency service worker” means a worker |
13 | responding on behalf of a licensed ambulance/rescue service, or a fire department or a law |
14 | enforcement agency, who, in the course of his/her professional duties, has been exposed to bodily |
15 | fluids in circumstances that present a significant risk of transmission of HIV, and has completed a |
16 | pre-hospital exposure form in accordance with § 23-4.1-19. |
17 | (5) In an emergency, where due to a grave medical or psychiatric condition, and it is |
18 | impossible to obtain consent from the patient or, if applicable under state law, the patient’s parent, |
19 | guardian, or agent. |
20 | (6) As permitted under § 23-1-38 entitled “HIV Antibody Testing-Sperm Collection or |
21 | Donation.” |
22 | (7) Any individual convicted of a violation of any provisions of chapter 34.1 of title 11 |
23 | entitled “Commercial Sexual Activity,” shall be required to be tested for HIV unless already |
24 | documented HIV positive. All individuals tested under this section shall be informed of their test |
25 | results. All individuals tested under this section who are determined to be injecting and/or intra- |
26 | nasal drug users shall be referred to appropriate substance abuse treatment as outlined in § 23-6.3- |
27 | 3(e). |
28 | (8) Any individual convicted of possession of any controlled substance as defined in |
29 | chapter 28 of title 21 entitled “Uniform Controlled Substances Act,” that has been administered |
30 | with a hypodermic instrument, retractable hypodermic syringe, needle, intra-nasally, or any similar |
31 | instrument adapted for the administration of drugs shall be required to be tested for HIV unless |
32 | already documented HIV positive. |
33 | (9) All individuals tested under this section shall be informed of their test results. |
34 | (10) In accordance with the provisions of chapter 37 of title 11, entitled, “Sexual Assault,” |
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1 | any individual who has admitted to or been convicted of or adjudicated wayward or delinquent by |
2 | reason of having committed any sexual offense involving penetration whether or not a sentence or |
3 | fine is imposed or probation granted, shall be ordered by the court upon petition of the victim, |
4 | immediate family members of the victim or legal guardian of the victim, to submit to a blood test |
5 | for the presence of a sexually transmitted disease including, but not limited to, HIV. All individuals |
6 | tested under this section shall be informed of their test results. |
7 | (11) In accordance with the provisions or § 42-56-37, entitled “HIV Testing,” every |
8 | individual who is committed to the adult correctional institutions to any criminal offense, after |
9 | conviction, is required to be tested for HIV. |
10 | (b) It is unlawful for any person to disclose to a third party the results of an individual’s |
11 | HIV test without the prior written consent of that individual, except in accordance with § 23-6.3-7. |
12 | SECTION 2. Section 11-34.1-12 of the General Laws in Chapter 11-34.1 entitled |
13 | "Commercial Sexual Activity" is hereby amended to read as follows: |
14 | 11-34.1-12. Human Immunodeficiency Virus (HIV). |
15 | (a) Any person convicted of a violation of any provisions of this chapter shall be required |
16 | provided the option to be tested for Human Immunodeficiency Virus (HIV). No consent for the |
17 | testing shall be required. |
18 | (b) The department of health shall maintain sites for providing both anonymous and |
19 | confidential HIV testing, and HIV counseling and referral. Each site, funded by the department of |
20 | health, shall offer free testing, counseling and referral for indigent parties and other individuals |
21 | without health insurance, offer a sliding scale for payment for all other individuals and, in the case |
22 | of confidential testing, screen for ability to pay through a third-party insurer. In the case of |
23 | nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer |
24 | free testing, counseling and referral for indigent parties and other individuals without health |
25 | insurance. |
26 | (c) All persons tested under this section shall be provided pre-test and post-test counseling |
27 | by individuals trained by the department of health, as an HIV testing counselor, in accordance with |
28 | regulations promulgated by the department of health; provided, that the counseling shall be in |
29 | accordance with acceptable medical standards. |
30 | (d) All persons who are tested under this section, who are determined to be injecting drug |
31 | users, shall be referred to appropriate sources of substance abuse treatment by the HIV testing |
32 | counselor and/or the attending practitioner as follows: |
33 | (1) Those persons who test positive for HIV infection shall be given priority for those |
34 | outpatient substance abuse treatment programs that are sponsored or supported by the appropriate |
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1 | state agency responsible for these services. |
2 | (2) Those persons who are injecting drug users and test negative for HIV infection shall be |
3 | referred, by the HIV testing counselor and/or attending practitioner, to the appropriate state agency |
4 | responsible for these services for earliest possible evaluation and treatment. |
5 | SECTION 3. This act shall take effect upon passage. |
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LC004492/SUB A | |
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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 repeal the required HIV testing for an individual convicted under chapter |
2 | 34.1 of title 11 ("commercial sexual activity"). It would also allow the option for HIV testing for |
3 | any person convicted under this chapter. |
4 | This act would take effect upon passage. |
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LC004492/SUB A | |
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