The bill amends existing laws regarding HIV testing, specifically in the context of consent requirements and testing 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. Under this section, healthcare providers can conduct HIV tests without consent in various circumstances, such as for minors under certain age thresholds, individuals under the care of the Department of Children, Youth and Families, and emergency service workers exposed to potentially infectious bodily fluids.

Notably, the bill removes the previous requirement for individuals convicted of commercial sexual activity to be tested for HIV, instead providing them the option to undergo testing. The bill amends section 11-34.1-12 to state that individuals convicted under the commercial sexual activity chapter are provided the option for HIV testing rather than being required to undergo it without consent.

The Department of Health is tasked with maintaining sites for anonymous and confidential HIV testing, ensuring that free testing and counseling are available for indigent individuals and those without health insurance. The bill emphasizes the importance of pre-test and post-test counseling for all individuals tested, particularly focusing on those who are injecting drug users and ensuring they receive appropriate referrals for substance abuse treatment. The act is set to take effect upon passage.

Statutes affected:
269: 23-6.3-4, 11-34.1-12