§ 23-6.3-4 Exceptions to consentrequirements. – (a) A health care provider may test for the presence of HIV without obtainingconsent 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 ageappears to be symptomatic for HIV;
(3) When the individual to be tested is a minor under thecare and authority of the department of children, youth and families, and thedirector of that department certifies that an HIV test is necessary to securehealth or human services for that individual;
(4) In a licensed health care facility or health caresetting, in the event that an occupational health representative or physician,registered nurse practitioner, physician assistant, or nurse-midwife, notdirectly involved in the exposure, determines that an employee or emergencyservice worker, other than one in a supervisory position to the person makingthe determination, had a significant exposure to the blood and/or body fluidsof a patient and the patient or the patient's guardian refuses to grant consentfor an HIV test to determine whether the patient has HIV, then, if a sample ofthe patient's blood is available, that blood shall be tested for HIV.
(i) If a sample of the patient's blood is not otherwiseavailable and the patient refuses to grant consent to draw blood, the employeeor emergency service worker may petition the superior court for a court ordermandating that the test be performed.
(ii) Before a patient or a sample of the patient's blood isrequired to undergo an HIV test, the employee or emergency service worker mustsubmit to a baseline HIV test within seventy-two (72) hours of the exposure.
(iii) No person who determines that an employee or emergencyservice worker has sustained a significant exposure and authorizes the HIVtesting of a patient, nor any person or health care facility who acts in goodfaith and recommends the test be performed, shall have any liability as aresult of their actions carried out under this chapter, unless those personsare proven to have acted in bad faith.
(iv) For the purposes of this section, "emergency serviceworker" means a worker responding on behalf of a licensed ambulance/rescueservice, or a fire department or a law enforcement agency, who, in the courseof his/her professional duties, has been exposed to bodily fluids incircumstances that present a significant risk of transmission of HIV, and hascompleted a pre-hospital exposure form in accordance with § 23-4.1-19.
(5) In an emergency, where due to a grave medical orpsychiatric condition, and it is impossible to obtain consent from the patientor, if applicable under state law, the patient's parent, guardian, or agent.
(6) As permitted under § 23-1-38 entitled "HIV AntibodyTesting-Sperm Collection or Donation".
(7) Any individual convicted of a violation of any provisionsof Chapter 11-34 entitled "Prostitution and Lewdness", shall be required to betested for HIV unless already documented HIV positive. All individuals testedunder this section shall be informed of their test results. All individualstested under this section who are determined to be injecting and/or intra-nasaldrug users shall be referred to appropriate substance abuse treatment asoutlined in subsection 23-6.3-3(e).
(8) Any individual convicted of possession of any controlledsubstance as defined in Chapter 21-28 entitled "Uniform Controlled SubstancesAct", that has been administered with a hypodermic instrument, retractablehypodermic syringe, needle, intra-nasally, or any similar instrument adaptedfor the administration of drugs shall be required to be tested for HIV unlessalready documented HIV positive.
(9) All individuals tested under this section shall beinformed of their test results.
(10) In accordance with the provisions of Chapter 11-37,entitled, "Sexual Assault", any individual who has admitted to or beenconvicted of or adjudicated wayward or delinquent by reason of having committedany sexual offense involving penetration whether or not a sentence or fine isimposed or probation granted, shall be ordered by the court upon petition ofthe victim, immediate family members of the victim or legal guardian of thevictim, to submit to a blood test for the presence of a sexually transmitteddisease including, but not limited to, HIV. All individuals tested under thissection shall be informed of their test results.
(11) In accordance with the provisions or § 42-56-37,entitled "HIV Testing", every individual who is committed to the adultcorrectional institutions to any criminal offense, after conviction, isrequired to be tested for HIV.
(b) It is unlawful for any person to disclose to a thirdparty the results of an individual's HIV test without the prior written consentof that individual, except in accordance with § 23-6.3-7.
§ 23-6.3-4 Exceptions to consentrequirements. – (a) A health care provider may test for the presence of HIV without obtainingconsent 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 ageappears to be symptomatic for HIV;
(3) When the individual to be tested is a minor under thecare and authority of the department of children, youth and families, and thedirector of that department certifies that an HIV test is necessary to securehealth or human services for that individual;
(4) In a licensed health care facility or health caresetting, in the event that an occupational health representative or physician,registered nurse practitioner, physician assistant, or nurse-midwife, notdirectly involved in the exposure, determines that an employee or emergencyservice worker, other than one in a supervisory position to the person makingthe determination, had a significant exposure to the blood and/or body fluidsof a patient and the patient or the patient's guardian refuses to grant consentfor an HIV test to determine whether the patient has HIV, then, if a sample ofthe patient's blood is available, that blood shall be tested for HIV.
(i) If a sample of the patient's blood is not otherwiseavailable and the patient refuses to grant consent to draw blood, the employeeor emergency service worker may petition the superior court for a court ordermandating that the test be performed.
(ii) Before a patient or a sample of the patient's blood isrequired to undergo an HIV test, the employee or emergency service worker mustsubmit to a baseline HIV test within seventy-two (72) hours of the exposure.
(iii) No person who determines that an employee or emergencyservice worker has sustained a significant exposure and authorizes the HIVtesting of a patient, nor any person or health care facility who acts in goodfaith and recommends the test be performed, shall have any liability as aresult of their actions carried out under this chapter, unless those personsare proven to have acted in bad faith.
(iv) For the purposes of this section, "emergency serviceworker" means a worker responding on behalf of a licensed ambulance/rescueservice, or a fire department or a law enforcement agency, who, in the courseof his/her professional duties, has been exposed to bodily fluids incircumstances that present a significant risk of transmission of HIV, and hascompleted a pre-hospital exposure form in accordance with § 23-4.1-19.
(5) In an emergency, where due to a grave medical orpsychiatric condition, and it is impossible to obtain consent from the patientor, if applicable under state law, the patient's parent, guardian, or agent.
(6) As permitted under § 23-1-38 entitled "HIV AntibodyTesting-Sperm Collection or Donation".
(7) Any individual convicted of a violation of any provisionsof Chapter 11-34 entitled "Prostitution and Lewdness", shall be required to betested for HIV unless already documented HIV positive. All individuals testedunder this section shall be informed of their test results. All individualstested under this section who are determined to be injecting and/or intra-nasaldrug users shall be referred to appropriate substance abuse treatment asoutlined in subsection 23-6.3-3(e).
(8) Any individual convicted of possession of any controlledsubstance as defined in Chapter 21-28 entitled "Uniform Controlled SubstancesAct", that has been administered with a hypodermic instrument, retractablehypodermic syringe, needle, intra-nasally, or any similar instrument adaptedfor the administration of drugs shall be required to be tested for HIV unlessalready documented HIV positive.
(9) All individuals tested under this section shall beinformed of their test results.
(10) In accordance with the provisions of Chapter 11-37,entitled, "Sexual Assault", any individual who has admitted to or beenconvicted of or adjudicated wayward or delinquent by reason of having committedany sexual offense involving penetration whether or not a sentence or fine isimposed or probation granted, shall be ordered by the court upon petition ofthe victim, immediate family members of the victim or legal guardian of thevictim, to submit to a blood test for the presence of a sexually transmitteddisease including, but not limited to, HIV. All individuals tested under thissection shall be informed of their test results.
(11) In accordance with the provisions or § 42-56-37,entitled "HIV Testing", every individual who is committed to the adultcorrectional institutions to any criminal offense, after conviction, isrequired to be tested for HIV.
(b) It is unlawful for any person to disclose to a thirdparty the results of an individual's HIV test without the prior written consentof that individual, except in accordance with § 23-6.3-7.
§ 23-6.3-4 Exceptions to consentrequirements. – (a) A health care provider may test for the presence of HIV without obtainingconsent 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 ageappears to be symptomatic for HIV;
(3) When the individual to be tested is a minor under thecare and authority of the department of children, youth and families, and thedirector of that department certifies that an HIV test is necessary to securehealth or human services for that individual;
(4) In a licensed health care facility or health caresetting, in the event that an occupational health representative or physician,registered nurse practitioner, physician assistant, or nurse-midwife, notdirectly involved in the exposure, determines that an employee or emergencyservice worker, other than one in a supervisory position to the person makingthe determination, had a significant exposure to the blood and/or body fluidsof a patient and the patient or the patient's guardian refuses to grant consentfor an HIV test to determine whether the patient has HIV, then, if a sample ofthe patient's blood is available, that blood shall be tested for HIV.
(i) If a sample of the patient's blood is not otherwiseavailable and the patient refuses to grant consent to draw blood, the employeeor emergency service worker may petition the superior court for a court ordermandating that the test be performed.
(ii) Before a patient or a sample of the patient's blood isrequired to undergo an HIV test, the employee or emergency service worker mustsubmit to a baseline HIV test within seventy-two (72) hours of the exposure.
(iii) No person who determines that an employee or emergencyservice worker has sustained a significant exposure and authorizes the HIVtesting of a patient, nor any person or health care facility who acts in goodfaith and recommends the test be performed, shall have any liability as aresult of their actions carried out under this chapter, unless those personsare proven to have acted in bad faith.
(iv) For the purposes of this section, "emergency serviceworker" means a worker responding on behalf of a licensed ambulance/rescueservice, or a fire department or a law enforcement agency, who, in the courseof his/her professional duties, has been exposed to bodily fluids incircumstances that present a significant risk of transmission of HIV, and hascompleted a pre-hospital exposure form in accordance with § 23-4.1-19.
(5) In an emergency, where due to a grave medical orpsychiatric condition, and it is impossible to obtain consent from the patientor, if applicable under state law, the patient's parent, guardian, or agent.
(6) As permitted under § 23-1-38 entitled "HIV AntibodyTesting-Sperm Collection or Donation".
(7) Any individual convicted of a violation of any provisionsof Chapter 11-34 entitled "Prostitution and Lewdness", shall be required to betested for HIV unless already documented HIV positive. All individuals testedunder this section shall be informed of their test results. All individualstested under this section who are determined to be injecting and/or intra-nasaldrug users shall be referred to appropriate substance abuse treatment asoutlined in subsection 23-6.3-3(e).
(8) Any individual convicted of possession of any controlledsubstance as defined in Chapter 21-28 entitled "Uniform Controlled SubstancesAct", that has been administered with a hypodermic instrument, retractablehypodermic syringe, needle, intra-nasally, or any similar instrument adaptedfor the administration of drugs shall be required to be tested for HIV unlessalready documented HIV positive.
(9) All individuals tested under this section shall beinformed of their test results.
(10) In accordance with the provisions of Chapter 11-37,entitled, "Sexual Assault", any individual who has admitted to or beenconvicted of or adjudicated wayward or delinquent by reason of having committedany sexual offense involving penetration whether or not a sentence or fine isimposed or probation granted, shall be ordered by the court upon petition ofthe victim, immediate family members of the victim or legal guardian of thevictim, to submit to a blood test for the presence of a sexually transmitteddisease including, but not limited to, HIV. All individuals tested under thissection shall be informed of their test results.
(11) In accordance with the provisions or § 42-56-37,entitled "HIV Testing", every individual who is committed to the adultcorrectional institutions to any criminal offense, after conviction, isrequired to be tested for HIV.
(b) It is unlawful for any person to disclose to a thirdparty the results of an individual's HIV test without the prior written consentof that individual, except in accordance with § 23-6.3-7.
