The bill amends existing laws regarding HIV testing and consent requirements, specifically for individuals convicted of certain offenses. It introduces a new section, 23-6.3-4, which outlines exceptions to the consent requirements for HIV testing. These exceptions include testing minors under specific age thresholds, individuals under the care of the Department of Children, Youth and Families, emergency service workers exposed to potentially infectious materials, and individuals in emergency medical situations where consent cannot be obtained.

The bill repeals the previous requirement for individuals convicted of commercial sexual activity (under chapter 34.1 of title 11) to be tested for HIV, instead providing them the option to undergo testing. It modifies Section 11-34.1-12, allowing individuals convicted of violations related to commercial sexual activity to have the option of HIV testing without requiring consent.

The bill also mandates that the Department of Health maintain sites for both anonymous and confidential HIV testing, ensuring that free testing and counseling are available for indigent individuals and those without health insurance. It emphasizes the importance of pre-test and post-test counseling for all individuals tested, particularly focusing on those who are injecting drug users, ensuring they are referred to appropriate substance abuse treatment services. The act will take effect upon passage.

Statutes affected:
5348: 23-6.3-4, 11-34.1-12
5348  SUB A: 23-6.3-4, 11-34.1-12