HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/RI.ASC

Text File | 1993-01-14 | 32KB | 709 lines

/* RHODE ISLAND laws address real estate disclosure; premarital,
prenatal and donor testing; confidentiality and disclosure;
discrimination; insurance; and testing inmates and drug abusers.



5-20.8-6. Disclosure of psychologically impacted property.

     (A) The fact or suspicion that real property may be or is
psycho-logically impacted shall not be a material fact requiring
disclosure in any real estate transaction. "Psychologically
impacted" shall mean an impact being the result of facts or
suspicions including but not limited to the following:

(1)  That an occupant of real property is now or has been
suspected to be infected or is infected or has been infected with
Human Immunodeficiency Virus or diagnosed with Acquired Immune
Deficiency Syndrome, or any other disease which has been
determined by medical evidence to be highly unlikely to be
transmitted through the occupying of a dwelling place; or

(2)  That the real property was or has been, at any time,
suspected of being the site of a homicide, other felony or
suicide.

(13) No cause of action shall arise against the seller of the
real property or his or her agent for failure to disclose to the
buyer that said real property was psychologically impacted as
defined in this chapter.

However, under no circumstances, shall this provision be inter
preted as or used as authorization for an agent or seller to make
any misrepresentation of fact or false statement.



5-20.8-7. Public agency notification. - Any information required
to be disclosed by this section to a prospective buyer by a
public agency shall be deemed to comply with the requirements of
this section and shall relieve the seller or agent of any further
duty under this section with respect to that item of information.



11-34-10. Human Immunodeficiency Virus (HIV). - Any person
convicted of a violation of any provisions of chapter 34 of this
title shall be required to be tested for human immunodeficiency
virus (HIV). No consent for such testing shall be required.

The department of health shall be responsible for reasonable
costs associated with performing and reporting the results of the
HIV tests, including the costs of pretest and post-test
counseling.

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.

All persons who are tested under this section, who are determined
to be intravenous drug abusers, shall be referred to appropriate
sources of drug treatment by the department of health as follows:

(a)  Such persons who test positive for HIV infection shall be
given priority for those outpatient treatment programs which are
sponsored or supported by the department of health and department
of mental health, retardation and hospitals;

(b)  Such persons who test negative for HIV infection shall be re
ferred to the appropriate division in the department of mental
health, retardation, and hospitals, for earliest possible
evaluation and treatment.



15-2-3.   Physical examination and blood test required. - Except
as otherwise provided in  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  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 acknowledgment 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.



21-28-4.20.    Human immunodeficiency virus (HIV) - Testing. -
(a) Any person convicted of possession of any hypodermic
instrument associated with intravenous drug use shall be required
to be tested for human immunodeficiency virus (HIV), No consent
for such testing shall be required.

(b)  The department of health shall be responsible for reasonable
costs associated with performing and reporting the results of the
HIV tests, including the costs of pretest and post-test
counseling.

(c)  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 this
counseling shall be in accordance with acceptable medical
standards.

(d)  All persons who are tested under this section, who are deter
mined to be intravenous drug abusers, shall be referred to
appropriate sources of drug treatment by the department of health
as follows:

(1)  Such persons who test positive for HIV infection shall be
given priority for those outpatient treatment programs which are
sponsored or supported by the department of health and the
department of mental health, retardation and hospitals;



23-1-38.  HIV antibody testing - Sperm collection or donation. -
The director shall promulgate guidelines for the prevention of
transmission of HIV, and, particularly, in those instances of
sperm collection or donation where the director shall require
specific testing therefor.



23-1-39. Tattooing. - (a) The director shall promulgate rules and
regulations which provide minimum requirements to be met by any
person performing tattooing upon any individual and for any
establishment where tattooing is performed. These requirements
shall include, but not be limited to, general sanitation of
premises wherein tattooing is to be performed and sterilization
of instruments. These rules and regulations shall place emphasis
on the prevention of disease, specifically including, but not
limited to, transmission of hepatitis B and/or human
immunodeficiency virus (HIV).

(b)  In addition, these rules and regulations shall establish
procedures for registration with the department of health of all
persons performing tattooing, for registration of any
establishment where tattooing is performed, for regular
inspections of premises wherein tattooing is performed, and for
revocation of the registration of any person or establishment
deemed in violation of the rules and regulations promulgated
under this section. An annual registration fee in the amount of
fifty dollars ($50.00) shall be paid by any person or
establishment registered under this section.



23-6-10. Purpose. - The purpose of  23-6-10 through 23-6-24 is to
protect the public against transmission of the AIDS virus, and to
protect persons who are infected with the AIDS virus from dis
crimination.



23-6-11. Definitions. - As used in  23-6-10 through 23-6-24:

(1)  "AIDS" means the medical condition known as acquired immune
deficiency syndrome, caused by infection of an individual by the
human immunodeficiency virus (HIV).

(2)  "AIDS test" means any currently medically accepted diagnos
tic test for determining infection of an individual by the AIDS
virus (HIV).

(3)  "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association.

(4)  "Physician" means a person licensed to practice allopathic
or osteopathic medicine pursuant to the provisions of chapter 37
of title 5.

(5)  "Services" means health care and social support services.

(6)  "Exposure evaluation group" means three (3) impartial health
care providers designated to determine if a health care provider
has been involved in a significant exposure. No member of the
group shall be directly involved in the exposure.

(i)  For inpatient services in a licensed health care facility
hospital setting the group shall consist of the patient's
attending physician or designee, the chief of service or designee
and a staff nurse. For other non-inpatient exposures in a
licensed health care facility, the third member of the exposure
evaluation group shall be a representative from the employee
health office. If the exposure involves the attending physician,
another physician shall be designated by the chief of service.

(ii) In any other licensed health care facility or in a private
office of a physician the group shall consist of three (3)
physicians.

(7)  "AIDS testing and notification form" means a standardized
form provided by the Rhode Island department of health. The form
shall be developed by the department and shall contain the
following information:

(i)  The public health rationale for AIDS testing;

(ii) The availability and cost of AIDS testing and counseling;

(iii) That test results are confidential with certain exceptions;

(iv) A list of exceptions to confidentiality of test results;

(v)  That the test is voluntary and that an informed consent form
must be signed before testing;

(vi) That by signing this form the person is only acknowledging
that the AIDS test and counseling have been offered.



23-6-12.  Testing - Requirement for informed consent. -Unless
otherwise excepted by the provisions of this chapter, no person
may be tested for presence of the AIDS virus, where the test
result can be identified with a specific individual, unless he or
she has given his or her informed consent by his or her signature
or that of a parent, guardian, or agent on a written informed
consent form

specifically relating to such test after discussion of
implications of the test with a qualified professional.



23-6-13.  Informed consent form. - The written informed consent
form shall include at least the following: (a) the name and
signature of the party(s) seeking and consenting to the AIDS
test, (b) the name and nature of the test, (c) the reasons for
conducting the test, (d) the fact that the test results shall
remain confidential except as required by law, and (e)
explanation of how test results will affect the tested person's
ability to obtain services from the party requesting the test, or
those for whom he or she is acting.



23-6-14.  Exceptions. - Notwithstanding the provisions of  23-6-
12 and 23-6-13, a physician may or other health care provider may
draw blood and secure a test for the presence of the AIDS virus
without informed consent under the following conditions:

(a)  When the person to be tested is under one year of age;

(b)  When the person to be tested is between one and thirteen
(13) years of age and appears to be symptomatic for AIDS;

(c)  When the person to be tested is a minor under the care and
authority of the Rhode Island department of children and their
families, and the director of that department certifies that an
AIDS test is necessary to secure health or human services for
that person;

(d)  When a person (the complainant) can document significant
exposure to blood or other bodily fluids of another person (the
individual to be tested), during performance of the complainant's
occupation, providing:

(i)  The complainant completes an incident report within forty-
eight (48) hours of the exposure, identifying the parties to the
exposure, witnesses, time, place and nature of the event;

(ii) The complainant submits to a baseline AIDS test and is nega
tive on that test for the presence of the AIDS virus, within
seventy-two (72) hours of the exposure; and

(iii) There has been a significant percutaneous or mucus membrane
exposure, i.e., needlestick; bite; splash over open wound, broken
skin, or mucus membrane; by blood or bodily fluids of the person
to be tested; of a type and in sufficient concentration to permit
transmission of the AIDS virus, if present in those fluids.

(e)  In a licensed health care facility or in the private office
of a physician in the event that an exposure evaluation group, as
defined above, determines that a health care provider has a
significant exposure to the blood and/or body fluids of a patient
and the patient or the patient's guardian refuses to grant
informed consent for an HIV test to determine whether the patient
has the AIDS virus, then, if a sample of the patient's blood is
available, that blood shall be tested for the AIDS virus:

(i)  If a sample of the patient's blood is not otherwise
available and the patient refuses to grant informed consent, then
the health care 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 health care provider must
submit to a baseline AIDS test within seventy-two (72) hours of
the exposure.

(iii) No member of the exposure evaluation group who determines
that a health care worker has sustained a significant exposure
and authorizes the HIV testing of a patient nor any person or
health care facility who relies, in good faith, on the group's
determination and performs the test shall have any liability as a
result of their actions carried out under this chapter, unless
those persons act in bad faith.

(f)  In an emergency, where due to a grave medical or psychiatric
condition, it is impossible to obtain consent from either the
patient or the patient's parent, guardian, or agent.

(g)  As permitted under  23-18.5-8 and 23-1-38.

(h)  Mandatory testing for human immunodeficiency virus (HIV)
conducted pursuant to  42-56-37, 11-34-10 and 21-28-4.18.



23-6-15.  Reasonable effort to secure consent. - No involuntary
testing for the AIDS virus shall take place under any of the
exceptions set forth in  23-6-14 until reasonable efforts have
been made to secure voluntary informed consent.



23-6-16.  Due process - Right to bring suit. - Nothing in  23-6-
10 - 23-6-24 shall be construed to limit or deprive any person of
his or her right to due process of law, or to bar an action for
relief and/or damages before a court of competent jurisdiction.



23-6-17.  Confidentiality - Disclosure of test results. - It
shall be unlawful for any person to disclose to a third party the
results Of an individual's AIDS test without the prior written
consent of that individual, or in the case of a minor, the
minor's parent, guardian, or agent on a form that specifically
states that HIV test results may be released, except:

(a)  A licensed health care facility or laboratory may report
test results to a licensed physician, or other authorized medical
personnel who requested the test(s) and shall, pursuant to rules
and regulations, report to the director of the department of
health.

(b)  A physician:

(i)  May enter AIDS test results in' the medical record, as would
be the case with any other diagnostic test;

(ii) May notify other health professionals directly involved in
care of the individual testing positive on the AIDS test, or to
whom that individual is referred for treatment;

(iii) May notify persons exposed to blood or other body fluids of
an individual who tests positive for AIDS, pursuant to  23-6-
14(d) through (h) above and  23-17-31

(iv) May notify the director of the department for children and
their families, pursuant to  23-6-14(c); and

(v)  May inform third-parties with whom an AIDS-infected patient
is in close and continuous contact, including but not limited to
a spouse; if the nature of the contact, in the physician's
opinion, poses a clear and present danger of AIDS transmission to
the third party; and if the physician has reason to believe that
the patient, despite the physician's strong encouragement, has
not and will not warn the third party, the procedure to be
followed by the physician shall be established by the director of
the department of health;

(c)  As permitted in subsection (b)(1), (2), (5), (6), (8), (9),
(10), (11), (12), (13), (14), and (15) of  5-37.3-4 of the
Confidentiality of Health Care Information Act, and  40.1-5-26 of
the Mental Health Law or as otherwise required by law.

(d)  By a health care provider to appropriate persons entitled to
receive notification of persons with infectious or communicable
diseases pursuant to  23-5-9 and 23-28.36-3.



23-6-18.  Protection of records. - Providers of health care,
public health officials, and any other person who maintains
records containing information on AIDS test results of
individuals shall be responsible for maintaining full
confidentiality of these data, as provided in  23-6-17, and shall
take appropriate steps for their protection, including:

(a)  Keeping records secure at all times and establishing
adequate confidentiality safeguards for any such records
electronically stored;

(b)  Establishing and enforcing reasonable rules limiting access
to these records; and

(c)  Training persons who handle records in security objectives
and technique.



23-6-19.  Penalties and remedies. - The penalties and remedies
contained in  5-37.3-9 shall apply to violations of  23-6-17 and
23-6-18.



23-6-20.  Notification of disclosure. - In all cases when an
individual's AIDS test results are disclosed to a third party,
other than a person involved in the care and treatment of the
individual, and except as permitted in subsections (a), (b)(i),
(b)(ii), (b)(iv), and (d) of  236-17, the person so disclosing
shall make reasonable efforts to inform that individual in
advance of:

(a)  The nature and purpose of the disclosure;

(b)  The date of disclosure;

(c)  The recipient of the disclosed information.



23-6-21.  Protection of public health. - Nothing contained in  23-
6-10 through 23-6-24 shall bar the director of health from
exercising the authority and responsibilities conferred on him or
her by law in protecting the public health.



23-6-22.  Discrimination prohibited. - No person, agency, or
ganization, or corporate body may discriminate against a person
on the basis of a positive AIDS test result, or perception of
same, in housing, employment, the granting of credit, public
accommodation, or delivery of services, nor shall an AIDS test be
required as a condition of employment, except:

(a)  Where nondiscrimination can be shown, on the testimony of
competent medical authorities, to constitute a clear and present
danger of AIDS virus transmission to others; or

(b)  Where laws of the state of Rhode Island may otherwise
specifically authorize such exceptions.



23-6-23.  Administrative relief. - Any person who believes that
he or she has been unlawfully discriminated against in housing,
employment, the granting of credit, public accommodations or
delivery of services on the basis of a positive AIDS test, or
perception of same, may bring action for administrative relief
before the Rhode Island human rights commission; and that
commission may hear the matter and grant relief in such cases.



23-6-24.  Insurance exemption. - (a) Life insurance. Sections 23-
6-10 through 23-6-23 shall 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 immunodeficiency virus (HIV) or any other identified
causative agent of AIDS for purposes of determining insurability
shall: (i) give that individual prior written notice of those
requirements, and (ii) proceed with that testing only upon the
written authorization of the individual or in the event the
individual is a minor, the individual's parent or guardian.
Notwithstanding anything in  23-6-10 through 23-6-23 to the
contrary, life insurance companies offering or selling life
insurance in Rhode Island may otherwise obtain or disclose HIV
test results in accordance with  23-6-17(c). Nothing herein shall
prohibit that company from collecting data for statistical
purposes, so long as the insured is not identified. However,
nothing herein shall be construed to permit that insurance
company to cancel or refuse to renew a life insurance policy
which by its terms has not lapsed on the basis of a positive AIDS
test result.

(b)  Health benefits. Health benefits shall include accident and
sickness, including disability or health insurance, health
benefit plans and/or policies, hospital, health, or medical
service plans, or any health maintenance organization plan
pursuant to title 27 or otherwise; the provisions of  23-6-10
through 23-6-23 shall apply to the offer or sale of health
benefits in this state by any company regulated under the laws of
this state including but not limited to title 27 and chapter 62
of title 42 provided, however,  23-6-10 through 23-6-23 shall not
apply to the following:

(i)  Individual health benefit policies;

(ii) Small group health benefits plans, i.e., groups having fewer
than twenty-five (25) employees eligible to participate in an em
ployer sponsored plan, or, in the case of non-employer groups, a
group having fewer than twenty-five (25) employees;

(iii) Late entrants into any group health benefits plan,
regardless of the size of the group. A late entrant shall be
defined as any individual who does not enroll into a health plan
when first eligible thereunder but who later seeks coverage under
the group plan;

(iv) Where an individual seeks to become eligible for an amount
of group disability income benefit, which benefit would be in
excess of the insurer's non-medical maximum as defined under the
group plan.

Any such company offering or selling health benefits in this
state and regulated under the laws of this state that requires an
individual to be tested for infection with HIV or any other
identified causative agent of AIDS as permitted in (i) to (iv)
above for purposes of determining insurability shall: (i) give
that individual prior written notice of those requirements, and
(ii) proceed with that testing only upon the written
authorization of the individual or in the event the individual is
a minor, the individual's parent or guardian. Notwithstanding
anything in this chapter to the contrary, companies offering or
selling health benefits in this state may otherwise obtain or
disclose HIV test results in accordance with  23-6-17(c). Nothing
herein shall prohibit that company from collecting data for
statistical purposes so long as the insured's name is not
identified.

Nothing herein shall be construed to permit any company which
offers or sells health benefits in this state to cancel or refuse
to renew a health benefit, which has not by its terms lapsed, on
the basis of a positive AIDS test result.

c)   There is hereby established a commission to develop and
recommend to the legislature a risk pool plan under which all
insurers issuing health insurance in the state of Rhode Island
shall participate and share a proportion of the risk and cost of
insuring people with AIDS.

The commission shall consist of eleven (11) members; three (3) of
whom shall be members of the house of representatives, not more
than two (2) from the same political party, to be appointed by
the speaker of the house; two (2) of whom shall be members of the
senate, not more than one of whom shall be from the same
political party, to be appointed by the majority leader; one of
whom shall be the director of the department of health, or his or
her designee; one of whom shall be the director of the department
of business regulation, or his or her designee; two (2) of whom
shall be representatives of the insurance community, to be
appointed by the governor; and two (2) of whom shall be
representatives of Rhode Island Project AIDS, to be appointed by
the governor.

The commission shall meet at the call of the speaker, and shall
make its report to the legislature on or before February 1, 1989.



23-13-19. Human immunodeficiency virus (HIV) testing. -

(a) Every physician or health care provider attending any person
for prenatal care or family planning services shall offer testing
for human immunodeficiency virus (HIV) unless deemed
inappropriate by the physician. All testing pursuant to this
section shall be performed in accordance with  23-6-12 and 23-6-
13. 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 acknowledgment of that
offer. The department of health shall be responsible for
reasonable costs associated with performing and reporting the
results of the HIV tests including the reasonable costs of
pretest and post-test counseling. Such reasonable costs shall be
negotiated and specified by contract.

(b)  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 the
counseling shall be in accordance with acceptable medical
standards.



23-17-31. Human immunodeficiency virus (HIV) testing -Hospitals.
- (a) Hospital patients in any hospital licensed under this
chapter shall be offered testing for human immunodeficiency virus
(HIV) unless excluded by regulations developed by the department
of health, or unless the test is deemed inappropriate by a phy
sician caring for the patient and so noted in the person's
medical record. All testing pursuant to this section shall be
performed in accordance with  23-6-12 and 23-6-13. The identity
of the individuals tested under this section shall be maintained
only at the hospital site where the sample is drawn, and shall
not be released except as 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 acknowledgment of the offer.

(b)  The department of health shall be responsible for reasonable
costs associated with performing and reporting the results of the
HIV tests.

(c)  All persons tested under this section shall be provided
pretest and post-test counseling, and the department of health
shall define in regulation the nature and scope of the
counseling; provided, however, that the counseling shall be in
accordance with acceptable medical standards.

(d)  The department of health will either provide or pay for all
pretest and post-test counseling. It will negotiate with the
hospitals concerning incremental costs associated with pretest
and post-test counseling and will provide reasonable
reimbursement of these costs or provide the services themselves
in the case of post-test counseling.



40.1-24-20.    Human immunodeficiency virus (HIV) testing -
Facilities for drug abusers. - (a) Every physician or health care
provider attending any person for any service offered at a
facility for intravenous drug users, shall offer testing for
human immunodeficiency virus (HIV) unless deemed inappropriate by
the physician. All testing pursuant to this section shall be
performed in accordance with  23-6-17 and 23-6-18, except where
federal confidentiality laws may supercede. 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.

(b)  Each person who is offered a test and counseling shall be
provided with an "AIDS testing and notification form" which he or
she shall sign and date in acknowledgment of the offer.

(c)  The department of health shall be responsible for reasonable
costs associated with performing and reporting the results of the
HIV tests, including the costs of pretest and post test
counseling. The reasonable costs shall be negotiated and
specified by contract.

(d)  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 the
counseling shall be in accordance with acceptable medical
standards.



42-56-37. Human Immunodeficiency Virus (HIV) testing. -Every
person who shall be committed to the adult correctional insti
tution to answer for any criminal offense, after conviction,
shall be required to be tested for Human Immunodeficiency Virus
(HIV). No consent for such testing shall be required from the
person being tested, nor shall this test be subject to waiver. In
addition, periodic testing for Human Immunodeficiency Virus
(HIV), including testing at the time of release and when deemed
appropriate by a physician, shall be required. No consent on the
part of the person being tested shall be required.

All such inmates shall be provided appropriate pretest and post-
test counseling in accordance with accepted medical standards. No
inmate shall be punished, or denied recreation privileges solely
on the basis of a positive test result. However, the department
of corrections shall take steps as are reasonable to prevent
persons testing positive for Human Immunodeficiency Virus (HIV)
from infecting other inmates and/or correctional staff. Inmates
who develop AIDS or AIDS related complex shall be entitled to all
reasonable medical treatment available for their illness.

The department of corrections shall institute a comprehensive
AIDS education and drug treatment program for inmates and staff
at all of its facilities. The educational program for
correctional staff shall be inservice, fully reimbursable to the
employee, and mandatory and shall be given periodically in
collaboration with the department of health. The department of
corrections shall make easily accessible personal protective
equipment for correctional personnel to be used in the event of
administering cardiac or respiratory resuscitation.