§ 23-6.3-10. Notification of disclosure.
(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.
(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.
Structure Rhode Island General Laws
Chapter 23-6.3 - Prevention and Suppression of Contagious Diseases — HIV/AIDS
Section 23-6.3-2. - Definitions.
Section 23-6.3-3. - HIV screening and testing of adults, adolescents, and pregnant women.
Section 23-6.3-4. - Exceptions to consent requirements.
Section 23-6.3-5. - Reasonable efforts to secure consent.
Section 23-6.3-6. - Due process — Right to bring suit.
Section 23-6.3-7. - Confidentiality.
Section 23-6.3-8. - Protection of records.
Section 23-6.3-9. - Penalties and remedies.
Section 23-6.3-10. - Notification of disclosure.
Section 23-6.3-11. - Discrimination prohibited.
Section 23-6.3-12. - Administrative relief.
Section 23-6.3-13. - HIV Counseling, Testing, Referral and Services Sites (HIV CTRS).
Section 23-6.3-14. - Reporting and notification of HIV/AIDS.
Section 23-6.3-15. - Laboratory analyses and reporting.
Section 23-6.3-16. - Insurance exemption.
Section 23-6.3-17. - Rules and regulations.