CHAPTER 374

94-S 2299A am

Approved Jul. 13, 1994.

AN ACT RELATING TO HEALTH AND SAFETY -- STATE TESTING FOR TUBERCULOSIS AND HIV

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 23-10 of the General Laws entitled "Tuberculosis" is hereby amended by adding thereto the following section:

{ADD 23-10-7. Laboratory culture for tuberculosis. -- ADD} {ADD All biological samples or specimens taken from Rhode Island residents for the purpose of performing laboratory culture for tuberculosis (Mycobacterium tuberculosis) or for determining antibiotic sensitivities of cases of tuberculosis, by or under the direction or order of any physician licensed to practice medicine in this state, shall be sent to the Rhode Island Department of Health laboratory for analysis. Such biological samples or specimens may be split at the time of procurement to permit one portion of the sample or specimen to be sent to the Department of Health laboratory for analysis and the other portion to be analyzed at another appropriately credentialed laboratory. In the case of split samples or specimens, third party payers shall pay both the Department of Health laboratory and the appropriately credentialed laboratory for analyzing those samples or specimens. The Department of Health shall waive the requirement for samples or specimens to be sent to the Department of Health laboratory and shall establish a written memorandum of agreement with any appropriately credentialed laboratory which can meet or exceed the most current laboratory standard of practice for tuberculosis testing, including maximum turnaround time. ADD}

SECTION 2. Chapter 23-6 of the General Laws entitled "Prevention and Suppression of Contagious Diseases" is hereby amended by adding thereto the following section:

{ADD 23-6-26. Laboratory analysis for HIV. -- ADD} {ADD 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, 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. ADD}

{ADD No physician or laboratory providing to the department samples or specimens for HIV-testing, or results of HIV tests, shall include the name of the patient or any other information which would identify the person tested. ADD}

SECTION 3. This act shall take effect one hundred eighty days following passage.



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