(a)  Except in the case of anonymous HIV testing, a diagnosis of HIV or AIDS shall be notifiable and reportable to the department by name.

The following shall be reported to the department:

(1)  A diagnosis of HIV, according to the most current CDC case definition of HIV.

(2)  A diagnosis of AIDS, according to the most recent CDC case definition of AIDS.

(3)  A positive ELISA result of any HIV test and/or other FDA approved test indicative of the presence of HIV.

(4)  Notification of a perinatal exposure to HIV shall be made to the department regardless of confirmatory testing. A perinatal case report for HIV shall be indicated by two (2) positive polymerase chain reaction (PCR) tests; < 18 months; and/or other U.S. Food and Drug Administration approved tests that indicate the presence of HIV in pediatric cases.

Terms Used In Rhode Island General Laws 23-6.3-14

  • AIDS: means the medical condition known as acquired immune deficiency syndrome, caused by infection of an individual by the human immunodeficiency virus (HIV). 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
  • ELISA result: means enzyme-linked immunosorbent assay or EIA (enzyme immunoassay) which is a serologic technique used in immunology to detect the presence of either antibody or antigen. See Rhode Island General Laws 23-6.3-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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)  The following persons shall report information required by this section to the department:

(1)  A healthcare provider who diagnoses or treats HIV/AIDS;

(2)  The administrator of a healthcare facility as defined in chapter 17 of this title who diagnoses or treats HIV/AIDS; or

(3)  The administrator of a prison in which there is an HIV/AIDS infected individual or perinatal exposure to HIV/AIDS.

(c)  A person responsible for the administration of a clinical or hospital laboratory, blood bank, mobile unit, or other facility in which a laboratory examination of any specimen derived from a human body yields serological, or other evidence of HIV/AIDS, including perinatal exposure to HIV/AIDS shall notify the department in a timely manner.

(d)  All positive HIV test results shall be confirmed with a Western Blot or other FDA approved confirmatory test.

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