(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 healthcare provider who requested the test and to the director.

(2)  A healthcare provider shall enter HIV test results in the patient’s medical record.

(3)  Notification to the director of the department of children, youth and families, pursuant to subdivision 23-6.3-4(3).

(4)  As provided in chapter 37.3 of Title 5, § 40.1-5-26, § 23-6.3-10 and § 23-6.3-14 or as otherwise permitted by law.

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

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Terms Used In Rhode Island General Laws 23-6.3-7

  • Consent: means an explicit exchange of information between a person and a healthcare provider or qualified professional HIV test counselor through which an informed individual can choose whether to undergo HIV testing or decline to do so. See Rhode Island General Laws 23-6.3-2
  • Department: means the Rhode Island department of health. See Rhode Island General Laws 23-6.3-2
  • Director: means the director of the Rhode Island department of health. See Rhode Island General Laws 23-6.3-2
  • Healthcare facility: means those facilities licensed by the department in accordance with the provisions of chapter 17 of this title. See Rhode Island General Laws 23-6.3-2
  • HIV: means the human immunodeficiency virus, the pathogenic organism responsible for HIV infection and/or the acquired immunodeficiency syndrome (AIDS) in humans. See Rhode Island General Laws 23-6.3-2
  • HIV test: means any currently medically accepted and/or FDA approved test for determining HIV infection in humans. See Rhode Island General Laws 23-6.3-2
  • Person: means any individual, trust or estate, partnership, corporation (including associations, joint stock companies), limited liability companies, state, or political subdivision or instrumentality of a state. See Rhode Island General Laws 23-6.3-2

(b)  This chapter shall not be construed to interfere with any other federal or state laws or regulations that provide more extensive protection than provided in this chapter for the confidentiality of healthcare information.

History of Section.
P.L. 2009, ch. 196, § 1; P.L. 2009, ch. 289, § 1.