§ 23-6-26 Laboratory analysis for HIV. – (a) HIV/AIDS is regarded to cause significant morbidity and mortality, can be screened, diagnosed and treated, and is of major public health concern, such that surveillance of the disease occurrence is in the public interest, and therefore shall be designated as notifiable and reportable by name.
(b) Under this provision the following shall be reported:
(1) A diagnosis of HIV, according to the U.S. Centers for Disease Control and Prevention case definition of HIV.
(2) A diagnosis of AIDS, according to the U.S. Centers for Disease Control and Prevention case definition of AIDS.
(3) A positive ELIZA result of any HIV test and/or other FDA approved test indicative of the presence of HIV.
(4) CD4 T-lymphocyte test results <200 mg/dl and/or fourteen percent (14%).
(5) A perinatal exposure of a newborn to HIV indicated by two (2) positive PCR tests; <18 months; and/or other U.S. Food and Drug Administration approved tests that indicate the presence of HIV in pediatric cases.
(6) Other U.S. Food and Drug Administration approved tests indicative of the presence of HIV/AIDS, as approved by the department.
(c) All biological samples or specimens taken from Rhode Island residents for the purpose of performing laboratory analysis for the detection of antibody to human immunodeficiency virus (HIV), by or under the direction or order of any physician licensed to practice medicine in this state, or on order of any duly licensed health care provider shall be sent to the Rhode Island department of health laboratory for analysis. This provision shall not apply to those HIV tests performed in a hospital laboratory. Hospitals shall forward all positive HIV test results to the department of health. The department of health laboratory shall conduct all confirmatory testing for HIV/AIDS; exceptions, for alternative testing methods, may be granted through written approval by the department of health.
(d) Except in the case of anonymous testing, a physician or laboratory or duly licensed health care provider providing samples or specimens for HIV-testing, or results of HIV tests to the department, shall include the name of the patient.
(e) Any HIV cases reported in the previous code based system, shall remain in a code based data set. The department of health shall only use and require HIV name case reports submitted after the enactment of this law.
(f) In addition to, and separate from, the requirement of subdivision 23-6-26(b)(4), all HIV CD4 T-lymphocyte test results and all HIV viral load detection test results, detectable and nondetectable, shall be reported to the department of health through a department designed reporting system that uses a nonname based code and contains no patient identifying information. These reports may be used by the department to improve the clinical progress of patients through contact with their physicians, and to use the aggregate information collected to develop and improve prevention programs and create better access to care.