(a)  In all cases when an individual’s HIV 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 by § 23-6.3-7 (permitted disclosures re: confidentiality), and permitted by and disclosed in accordance with the Federal Health Insurance Portability and Accountability Act of 1996 (Public law 104-191) enacted on August 21, 1996 and as thereafter amended, the person so disclosing shall make reasonable efforts to inform that individual in advance of:

(1)  The nature and purpose of the disclosure;

(2)  The date of disclosure;

(3)  The recipient of the disclosed information.

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Terms Used In Rhode Island General Laws 23-6.3-10

  • 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
  • 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)  Healthcare providers may inform third-parties with whom an HIV infected patient is in close and continuous exposure related contact, including, but not limited to a spouse and/or partner, if the nature of the contact, in the healthcare provider’s opinion, poses a clear and present danger of HIV transmission to the third-party, and if the physician has reason to believe that the patient, despite the healthcare provider’s strong encouragement, has not and will not inform the third-party that they may have been exposed to HIV.

History of Section.
P.L. 2009, ch. 196, § 1; P.L. 2009, ch. 289, § 1; P.L. 2010, ch. 239, § 18.