State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-6-3 > 23-6-3-10

SECTION 23-6.3-10

   § 23-6.3-10  Notification of disclosure.– (a) In all cases when an individual's HIV test results are disclosed to athird-party, other than a person involved in the care and treatment of theindividual, and except as permitted by subsections (1), (2)(i), (2)(ii),(2)(iv), or (4) of § 23-6-21 (permitted disclosures re: confidentiality),and permitted by and disclosed in accordance with the Federal Health InsurancePortability and Accountability Act of 1996 (Public law 104-191) enacted onAugust 21, 1996 and as thereafter amended, the person so disclosing shall makereasonable 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.

   (b) Health care providers may inform third-parties with whoman 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 thecontact, in the health care providers opinion, poses a clear and present dangerof HIV transmission to the third-party, and if the physician has reason tobelieve that the patient, despite the health care provider's strongencouragement, has not and will not inform the third-party that they may havebeen exposed to HIV.

State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-6-3 > 23-6-3-10

SECTION 23-6.3-10

   § 23-6.3-10  Notification of disclosure.– (a) In all cases when an individual's HIV test results are disclosed to athird-party, other than a person involved in the care and treatment of theindividual, and except as permitted by subsections (1), (2)(i), (2)(ii),(2)(iv), or (4) of § 23-6-21 (permitted disclosures re: confidentiality),and permitted by and disclosed in accordance with the Federal Health InsurancePortability and Accountability Act of 1996 (Public law 104-191) enacted onAugust 21, 1996 and as thereafter amended, the person so disclosing shall makereasonable 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.

   (b) Health care providers may inform third-parties with whoman 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 thecontact, in the health care providers opinion, poses a clear and present dangerof HIV transmission to the third-party, and if the physician has reason tobelieve that the patient, despite the health care provider's strongencouragement, has not and will not inform the third-party that they may havebeen exposed to HIV.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-6-3 > 23-6-3-10

SECTION 23-6.3-10

   § 23-6.3-10  Notification of disclosure.– (a) In all cases when an individual's HIV test results are disclosed to athird-party, other than a person involved in the care and treatment of theindividual, and except as permitted by subsections (1), (2)(i), (2)(ii),(2)(iv), or (4) of § 23-6-21 (permitted disclosures re: confidentiality),and permitted by and disclosed in accordance with the Federal Health InsurancePortability and Accountability Act of 1996 (Public law 104-191) enacted onAugust 21, 1996 and as thereafter amended, the person so disclosing shall makereasonable 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.

   (b) Health care providers may inform third-parties with whoman 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 thecontact, in the health care providers opinion, poses a clear and present dangerof HIV transmission to the third-party, and if the physician has reason tobelieve that the patient, despite the health care provider's strongencouragement, has not and will not inform the third-party that they may havebeen exposed to HIV.