It is enacted by the General Assembly as follows:

SECTION 1. Section 15-2-3 of the General Laws in Chapter 15-2 entitled "Marriage Licenses" is hereby repealed in its entirety:

{DEL 15-2-3. Physical examination and blood test required. -- DEL} {DEL Except as otherwise provided in section 15-2-10 no license shall be issued by a town or city clerk until there shall be in the possession of the town or city clerk a statement or statements, upon a form provided by the department of health, signed by a licensed physician, that each applicant has submitted to a physical examination, a Wasserman or Kahn or other similar standard laboratory blood test and that, in the opinion of the physician, the person is not infected with syphilis or gonorrhea in any stages of these diseases in which they may become communicable. These statements shall be accompanied by a record of the standard laboratory blood tests, which record shall contain the exact name and address of the applicant. All female applicants shall complete a rubella test approved by the department of health prior to the issuance of a license. The rubella test shall not be required of women fifty-five (55) years, or older, those previously immunized or tested as evidenced by a physician's certificate, and those unable to bear children or whose pregnancy at the time of application is certified by a physician. A standard laboratory blood test shall be a laboratory test for syphilis approved by the department of health and shall be performed by the department, on request of a licensed physician and upon payment of a reasonable charge therefor, or at a laboratory approved by it, the test to be made not more than forty (40) days before the issuance of the marriage license. The physician or health care provider shall offer testing for human immunodeficiency virus (HIV). All testing pursuant to this section shall be performed in accordance with sections 23-6-17 and 23-6-18. The identity of the individuals tested under this section shall be maintained only at the site where the sample is drawn, and shall not be released except as otherwise provided by statute.

Each person who is offered such a test and counseling shall be provided with an "AIDS Testing and Notification Form" which he or she shall sign and date in acknowledgement of said offer.

The department of health shall be responsible for reasonable costs associated with performing and reporting the results of the HIV tests. The department of health will provide pretest and post-test educational materials and provide post-test counseling for HIV positive persons.

All persons tested under this section shall be provided pretest and post-test counseling in accordance with regulations adopted by the department of health; provided, however, that said counseling shall be in accordance with acceptable medical standards. DEL}

SECTION 2. Chapter 15-2 of the General Laws entitled "Marriage Licenses" is hereby amended by adding thereto the following section:

{ADD 15-2-3. Physical examination and blood test regulations. -- HIV test offer. -- ADD} {ADD (a) Except as otherwise provided in section 15-2-10, no license shall be issued by a town or city clerk until there shall be in the possession of the town or city clerk a statement or statements, upon a form provided by the department of health, signed by a licensed physician, that each applicant has submitted to a physical examination. These statements shall be accompanied by a record containing the exact name and address of the applicant. Said examination shall be conducted in accordance with regulations adopted by the department of health which regulations may include any standard laboratory blood tests the department of health may require.

(b) As part of the physical examination, the physician or health care provider shall offer testing for human immunodeficiency virus (HIV). All such testing shall be performed in accordance with sections 23-6-17 and 23-6-18. The identity of the individuals tested under this section shall be maintained only at the site where the sample is drawn, and shall not be released except as otherwise provided by statute.

When each applicant is offered such a test he or she shall be provided with an "Aids Testing and Notification Form" which he or she shall sign and date in acknowledgement of said offer. The form shall clearly state that the department of health does not have the authority to require mandatory AIDS testing as a prerequisite to obtaining a marriage license.

(c) The department of health shall be responsible for reasonable costs associated with performing and reporting the results of the HIV tests. The department of health will provide pre-test and post-test educational materials and provide post-test counseling for the HIV positive persons in accordance with regulations adopted by the department of health; provided, however, that said counseling shall be in accordance with acceptable medical standards. ADD}

SECTION 3. This act shall take effect upon passage.