Text of RI H 5348 (2025)

2025 -- H 5348 ======== LC000439 ======== S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2025 ____________ A N A C T RELATING TO HEALTH AND SAFETY -- PREVENTION AND SUPPRESSION OF CONTAGIOUS DISEASES -- HIV/AIDS Introduced By: Representatives Ajello, Cruz, Felix, Tanzi, Craven, Shallcross Smith, Speakman, Boylan, McGaw, and Furtado Date Introduced: February 07, 2025 Referred To: House Judiciary It is enacted by the General Assembly as follows: WHEREAS, The Rhode Island House of Representatives passed House Resolution 5250, 1 creating a “Special Legislative Study Commission Ensuring Racial Equity and Optimizing Health 2 and Safety Laws Affecting Marginalized Individuals” (hereinafter “the Commission”) in 2021; and 3 WHEREAS, This thirteen member Commission specifically sought to draw from and 4 expand upon the significant research on the health and safety implications of laws related to 5 violence, exploitation, stigma, human trafficking and sexual health; laws that disproportionately 6 impact women, transgender individuals, and people of color; and 7 WHEREAS, Members of the Commission met seven times between November 2021 and 8 April 2023 and heard testimony from a variety of experts and individuals with lived experience in 9 the sex trade. This included public health testimony that supported the removal of mandatory HIV 10 testing laws; and 11 WHEREAS, The Commission issued a comprehensive final report on August 14, 2023, 12 calling for numerous recommendations. In relevant part, the report issued the following 13 recommendation on page 7: 14 Recommend the General Assembly repeal § 23-6.3-4(a)(7), which requires any individual 15 convicted of prostitution to have an HIV test performed on them; and 16 WHEREAS, States around the country have similarly amended laws in accordance with 17 public health data, recommendations by experts, and legislative task force findings. Nevada, 18 LC000439 - Page 2 of 5 Virginia, and Colorado recently made similar amendments to repeal mandatory HIV testing for 1 those arrested for prostitution crimes; and 2 WHEREAS, Existing Rhode Island law provides necessary access to resources for those 3 persons living with HIV that are arrested for commercial sexual activity that will stay intact. 4 SECTION 1. Section 23-6.3-4 of the General Laws in Chapter 23-6.3 entitled "Prevention 5 and Suppression of Contagious Diseases — HIV/AIDS" is hereby amended to read as follows: 6 23-6.3-4. Exceptions to consent requirements. 7 (a) A healthcare provider may test for the presence of HIV without obtaining consent from 8 the individual to be tested under the following conditions: 9 (1) When the individual to be tested is under one year of age; 10 (2) When a child between one and thirteen (13) years of age appears to be symptomatic for 11 HIV; 12 (3) When the individual to be tested is a minor under the care and authority of the 13 department of children, youth and families, and the director of that department certifies that an HIV 14 test is necessary to secure health or human services for that individual; 15 (4) In a licensed healthcare facility or healthcare setting, in the event that an occupational 16 health representative or physician, registered nurse practitioner, physician assistant, or nurse- 17 midwife, not directly involved in the exposure, determines that an employee or emergency service 18 worker, other than one in a supervisory position to the person making the determination, had a 19 significant exposure to the blood and/or body fluids of a patient and the patient or the patient’s 20 guardian refuses to grant consent for an HIV test to determine whether the patient has HIV, then, 21 if a sample of the patient’s blood is available, that blood shall be tested for HIV. 22 (i) If a sample of the patient’s blood is not otherwise available and the patient refuses to 23 grant consent to draw blood, the employee or emergency service worker may petition the superior 24 court for a court order mandating that the test be performed. 25 (ii) Before a patient or a sample of the patient’s blood is required to undergo an HIV test, 26 the employee or emergency service worker must submit to a baseline HIV test within seventy-two 27 (72) hours of the exposure. 28 (iii) No person who determines that an employee or emergency service worker has 29 sustained a significant exposure and authorizes the HIV testing of a patient, nor any person or 30 healthcare facility who acts in good faith and recommends the test be performed, shall have any 31 liability as a result of their actions carried out under this chapter, unless those persons are proven 32 to have acted in bad faith. 33 (iv) For the purposes of this section, “emergency service worker” means a worker 34 LC000439 - Page 3 of 5 responding on behalf of a licensed ambulance/rescue service, or a fire department or a law 1 enforcement agency, who, in the course of his/her professional duties, has been exposed to bodily 2 fluids in circumstances that present a significant risk of transmission of HIV, and has completed a 3 pre-hospital exposure form in accordance with § 23-4.1-19. 4 (5) In an emergency, where due to a grave medical or psychiatric condition, and it is 5 impossible to obtain consent from the patient or, if applicable under state law, the patient’s parent, 6 guardian, or agent. 7 (6) As permitted under § 23-1-38 entitled “HIV Antibody Testing-Sperm Collection or 8 Donation.” 9 (7) Any individual convicted of a violation of any provisions of chapter 34.1 of title 11 10 entitled “Commercial Sexual Activity,” shall be required to be tested for HIV unless already 11 documented HIV positive. All individuals tested under this section shall be informed of their test 12 results. All individuals tested under this section who are determined to be injecting and/or intra- 13 nasal drug users shall be referred to appropriate substance abuse treatment as outlined in § 23-6.3- 14 3(e). 15 (8) Any individual convicted of possession of any controlled substance as defined in 16 chapter 28 of title 21 entitled “Uniform Controlled Substances Act,” that has been administered 17 with a hypodermic instrument, retractable hypodermic syringe, needle, intra-nasally, or any similar 18 instrument adapted for the administration of drugs shall be required to be tested for HIV unless 19 already documented HIV positive. 20 (9) All individuals tested under this section shall be informed of their test results. 21 (10) In accordance with the provisions of chapter 37 of title 11, entitled, “Sexual Assault,” 22 any individual who has admitted to or been convicted of or adjudicated wayward or delinquent by 23 reason of having committed any sexual offense involving penetration whether or not a sentence or 24 fine is imposed or probation granted, shall be ordered by the court upon petition of the victim, 25 immediate family members of the victim or legal guardian of the victim, to submit to a blood test 26 for the presence of a sexually transmitted disease including, but not limited to, HIV. All individuals 27 tested under this section shall be informed of their test results. 28 (11) In accordance with the provisions or § 42-56-37, entitled “HIV Testing,” every 29 individual who is committed to the adult correctional institutions to any criminal offense, after 30 conviction, is required to be tested for HIV. 31 (b) It is unlawful for any person to disclose to a third party the results of an individual’s 32 HIV test without the prior written consent of that individual, except in accordance with § 23-6.3-7. 33 SECTION 2. Section 11-34.1-12 of the General Laws in Chapter 11-34.1 entitled 34 LC000439 - Page 4 of 5 "Commercial Sexual Activity" is hereby amended to read as follows: 1 11-34.1-12. Human Immunodeficiency Virus (HIV). 2 (a) Any person convicted of a violation of any provisions of this chapter shall be required 3 provided the option to be tested for Human Immunodeficiency Virus (HIV). No consent for the 4 testing shall be required. 5 (b) The department of health shall maintain sites for providing both anonymous and 6 confidential HIV testing, and HIV counseling and referral. Each site, funded by the department of 7 health, shall offer free testing, counseling and referral for indigent parties and other individuals 8 without health insurance, offer a sliding scale for payment for all other individuals and, in the case 9 of confidential testing, screen for ability to pay through a third-party insurer. In the case of 10 nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer 11 free testing, counseling and referral for indigent parties and other individuals without health 12 insurance. 13 (c) All persons tested under this section shall be provided pre-test and post-test counseling 14 by individuals trained by the department of health, as an HIV testing counselor, in accordance with 15 regulations promulgated by the department of health; provided, that the counseling shall be in 16 accordance with acceptable medical standards. 17 (d) All persons who are tested under this section, who are determined to be injecting drug 18 users, shall be referred to appropriate sources of substance abuse treatment by the HIV testing 19 counselor and/or the attending practitioner as follows: 20 (1) Those persons who test positive for HIV infection shall be given priority for those 21 outpatient substance abuse treatment programs that are sponsored or supported by the appropriate 22 state agency responsible for these services. 23 (2) Those persons who are injecting drug users and test negative for HIV infection shall be 24 referred, by the HIV testing counselor and/or attending practitioner, to the appropriate state agency 25 responsible for these services for earliest possible evaluation and treatment. 26 SECTION 3. This act shall take effect upon passage. 27 ======== LC000439 ======== LC000439 - Page 5 of 5 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO HEALTH AND SAFETY -- PREVENTION AND SUPPRESSION OF CONTAGIOUS DISEASES -- HIV/AIDS *** This act would repeal the required HIV testing for an individual convicted under chapter 1 34.1 of title 11 ("commercial sexual activity"). It would also allow the option for HIV testing for 2 any person convicted under this chapter. 3 This act would take effect upon passage. 4 ======== LC000439 ========

2025 -- H 5348 SUBSTITUTE A ======== LC000439/SUB A ======== S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2025 ____________ A N A C T RELATING TO HEALTH AND SAFETY -- PREVENTION AND SUPPRESSION OF CONTAGIOUS DISEASES -- HIV/AIDS Introduced By: Representatives Ajello, Cruz, Felix, Tanzi, Craven, Shallcross Smith, Speakman, Boylan, McGaw, and Furtado Date Introduced: February 07, 2025 Referred To: House Judiciary It is enacted by the General Assembly as follows: SECTION 1. Section 23-6.3-4 of the General Laws in Chapter 23-6.3 entitled "Prevention 1 and Suppression of Contagious Diseases — HIV/AIDS" is hereby amended to read as follows: 2 23-6.3-4. Exceptions to consent requirements. 3 (a) A healthcare provider may test for the presence of HIV without obtaining consent from 4 the individual to be tested under the following conditions: 5 (1) When the individual to be tested is under one year of age; 6 (2) When a child between one and thirteen (13) years of age appears to be symptomatic for 7 HIV; 8 (3) When the individual to be tested is a minor under the care and authority of the 9 department of children, youth and families, and the director of that department certifies that an HIV 10 test is necessary to secure health or human services for that individual; 11 (4) In a licensed healthcare facility or healthcare setting, in the event that an occupational 12 health representative or physician, registered nurse practitioner, physician assistant, or nurse- 13 midwife, not directly involved in the exposure, determines that an employee or emergency service 14 worker, other than one in a supervisory position to the person making the determination, had a 15 significant exposure to the blood and/or body fluids of a patient and the patient or the patient’s 16 guardian refuses to grant consent for an HIV test to determine whether the patient has HIV, then, 17 if a sample of the patient’s blood is available, that blood shall be tested for HIV. 18 LC000439/SUB A - Page 2 of 5 (i) If a sample of the patient’s blood is not otherwise available and the patient refuses to 1 grant consent to draw blood, the employee or emergency service worker may petition the superior 2 court for a court order mandating that the test be performed. 3 (ii) Before a patient or a sample of the patient’s blood is required to undergo an HIV test, 4 the employee or emergency service worker must submit to a baseline HIV test within seventy-two 5 (72) hours of the exposure. 6 (iii) No person who determines that an employee or emergency service worker has 7 sustained a significant exposure and authorizes the HIV testing of a patient, nor any person or 8 healthcare facility who acts in good faith and recommends the test be performed, shall have any 9 liability as a result of their actions carried out under this chapter, unless those persons are proven 10 to have acted in bad faith. 11 (iv) For the purposes of this section, “emergency service worker” means a worker 12 responding on behalf of a licensed ambulance/rescue service, or a fire department or a law 13 enforcement agency, who, in the course of his/her professional duties, has been exposed to bodily 14 fluids in circumstances that present a significant risk of transmission of HIV, and has completed a 15 pre-hospital exposure form in accordance with § 23-4.1-19. 16 (5) In an emergency, where due to a grave medical or psychiatric condition, and it is 17 impossible to obtain consent from the patient or, if applicable under state law, the patient’s parent, 18 guardian, or agent. 19 (6) As permitted under § 23-1-38 entitled “HIV Antibody Testing-Sperm Collection or 20 Donation.” 21 (7) Any individual convicted of a violation of any provisions of chapter 34.1 of title 11 22 entitled “Commercial Sexual Activity,” shall be required to be tested for HIV unless already 23 documented HIV positive. All individuals tested under this section shall be informed of their test 24 results. All individuals tested under this section who are determined to be injecting and/or intra- 25 nasal drug users shall be referred to appropriate substance abuse treatment as outlined in § 23-6.3- 26 3(e). 27 (8) Any individual convicted of possession of any controlled substance as defined in 28 chapter 28 of title 21 entitled “Uniform Controlled Substances Act,” that has been administered 29 with a hypodermic instrument, retractable hypodermic syringe, needle, intra-nasally, or any similar 30 instrument adapted for the administration of drugs shall be required to be tested for HIV unless 31 already documented HIV positive. 32 (9) All individuals tested under this section shall be informed of their test results. 33 (10) In accordance with the provisions of chapter 37 of title 11, entitled, “Sexual Assault,” 34 LC000439/SUB A - Page 3 of 5 any individual who has admitted to or been convicted of or adjudicated wayward or delinquent by 1 reason of having committed any sexual offense involving penetration whether or not a sentence or 2 fine is imposed or probation granted, shall be ordered by the court upon petition of the victim, 3 immediate family members of the victim or legal guardian of the victim, to submit to a blood test 4 for the presence of a sexually transmitted disease including, but not limited to, HIV. All individuals 5 tested under this section shall be informed of their test results. 6 (11) In accordance with the provisions or § 42-56-37, entitled “HIV Testing,” every 7 individual who is committed to the adult correctional institutions to any criminal offense, after 8 conviction, is required to be tested for HIV. 9 (b) It is unlawful for any person to disclose to a third party the results of an individual’s 10 HIV test without the prior written consent of that individual, except in accordance with § 23-6.3-7. 11 SECTION 2. Section 11-34.1-12 of the General Laws in Chapter 11-34.1 entitled 12 "Commercial Sexual Activity" is hereby amended to read as follows: 13 11-34.1-12. Human Immunodeficiency Virus (HIV). 14 (a) Any person convicted of a violation of any provisions of this chapter shall be required 15 provided the option to be tested for Human Immunodeficiency Virus (HIV). No consent for the 16 testing shall be required. 17 (b) The department of health shall maintain sites for providing both anonymous and 18 confidential HIV testing, and HIV counseling and referral. Each site, funded by the department of 19 health, shall offer free testing, counseling and referral for indigent parties and other individuals 20 without health insurance, offer a sliding scale for payment for all other individuals and, in the case 21 of confidential testing, screen for ability to pay through a third-party insurer. In the case of 22 nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer 23 free testing, counseling and referral for indigent parties and other individuals without health 24 insurance. 25 (c) All persons tested under this section shall be provided pre-test and post-test counseling 26 by individuals trained by the department of health, as an HIV testing counselor, in accordance with 27 regulations promulgated by the department of health; provided, that the counseling shall be in 28 accordance with acceptable medical standards. 29 (d) All persons who are tested under this section, who are determined to be injecting drug 30 users, shall be referred to appropriate sources of substance abuse treatment by the HIV testing 31 counselor and/or the attending practitioner as follows: 32 (1) Those persons who test positive for HIV infection shall be given priority for those 33 outpatient substance abuse treatment programs that are sponsored or supported by the appropriate 34 LC000439/SUB A - Page 4 of 5 state agency responsible for these services. 1 (2) Those persons who are injecting drug users and test negative for HIV infection shall be 2 referred, by the HIV testing counselor and/or attending practitioner, to the appropriate state agency 3 responsible for these services for earliest possible evaluation and treatment. 4 SECTION 3. This act shall take effect upon passage. 5 ======== LC000439/SUB A ======== LC000439/SUB A - Page 5 of 5 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO HEALTH AND SAFETY -- PREVENTION AND SUPPRESSION OF CONTAGIOUS DISEASES -- HIV/AIDS *** This act would repeal the required HIV testing for an individual convicted under chapter 1 34.1 of title 11 ("commercial sexual activity"). It would also allow the option for HIV testing for 2 any person convicted under this chapter. 3 This act would take effect upon passage. 4 ======== LC000439/SUB A ========