Title 23, Title 23 and Safety

The department shall designate and fund HIV CTRS sites, for providing both anonymous and confidential HIV testing and HIV counseling and referral services. Anonymous and confidential HIV testing provided by HIV CTRS sites funded by the department shall screen individuals for thei…

(a) Except in the case of anonymous HIV testing, a diagnosis of HIV or AIDS shall be notifiable and reportable to the department by name. The following shall be reported to the department: (1) A diagnosis of HIV, according to the most current CDC case definition of HIV. (2) A dia…

(a) All biological samples or specimens taken for the purpose of performing laboratory analysis for the detection of antibody to HIV, by or under the direction or order of any healthcare provider working within the scope of his or her practice, shall be sent to the department of …

(a) Sections 23-6.3-1 — 23-6.3-14 do not apply to the offering or sale of life insurance in Rhode Island; provided, however, that any insurance company offering or selling life insurance within Rhode Island that requires an individual to be tested for infection with human immunod…

The director is authorized to promulgate regulations as he or she deems necessary or desirable to implement the provisions of this chapter, in accordance with the provisions set forth in § 23-1-17 and chapter 35 of title 42.

If any provision of this chapter is held by a court to be invalid, that invalidity shall not affect the remaining provisions of the chapter, and to this end the provisions of the chapter are declared severable.

This chapter shall be liberally construed to accomplish the purposes sought in it.

As used in this chapter the following words shall have the following meanings: (1) “Agent” means a person empowered by the patient to assert or waive the confidentiality, or to disclose or consent to the disclosure of confidential information, as established by chapter 37.3 of ti…

(a) This section shall pertain to patients in all healthcare settings and HIV CTRS sites. (b) HIV screening and testing shall be based on the most current recommendations for HIV counseling, testing and referral of adults, adolescents and pregnant women issued by the CDC. Provide…

(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…

No involuntary testing for HIV shall take place under any of the exceptions set forth in § 23-6.3-4, unless reasonable efforts have been made to: (1) Secure voluntary consent from the individual to be tested, or in the case of a minor patient, from the legal parent or guardian of…

Nothing in §§ 23-6.3-1 to 23-6.3-16 shall be construed to limit or deprive any person of his or her right to due process of law, or to bar an action of relief and/or damages before a court of competent jurisdiction.

(a) 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 for: (1) A licensed laboratory or other healthcare facility that performs HIV tests shall report test results to the…

(a) Providers of health care, public health officials, and any other person who maintains records containing information on HIV test results of individuals are responsible for maintaining full confidentiality of this data and shall take appropriate steps for their protection, inc…

The penalties and remedies contained in chapter 37.3 of title 5 entitled “Confidentiality of Health Care Communications and Information” shall apply to violations of §§ 23-6.3-7 confidentiality and 23-6.3-8 protection of records.