§ 21-28-4.20 Human Immunodeficiency Virus (HIV) – Testing. – (a) Any person convicted of possession of any controlled substance that has been administered with a hypodermic instrument, retractable hypodermic syringe, needle, or any similar instrument adapted for the administration of drugs shall be required to be tested for human immunodeficiency virus (HIV). No consent for the testing shall be required.
(b) The department of health shall maintain sites for providing both anonymous and confidential HIV testing, and HIV counseling and referral. Each site, funded by the department of health, shall offer free testing, counseling and referral for indigent parties and other individuals without health insurance, offer a sliding scale for payment for all other individuals and, in the case of confidential testing, screen for ability to pay through a third-party insurer. In the case of nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer free testing, counseling and referral for indigent parties and other individuals without health insurance.
(c) All persons tested under this section shall be provided pre-test and post-test counseling by individuals trained by the department of health in accordance with regulations promulgated by the department of health; provided, that this counseling shall be in accordance with acceptable medical standards.
(d) All persons who are tested under this section, who are convicted of possession of any controlled substance that has been administered with a hypodermic instrument, retractable hypodermic syringe, needle, or any similar instrument adopted for the administration of drugs shall be referred by the HIV testing counselor and/or attending practitioner to appropriate sources of drug treatment by the department of health as follows:
(1) Those persons who test positive for HIV infection shall be given priority for those outpatient treatment programs which are supported by a state agency;
(2) Those persons who test negative for HIV infection shall be referred to the appropriate division in the department of health for earliest possible evaluation and treatment.