§ 42-56-37. Human Immunodeficiency Virus (HIV) testing. (a) Every person who is committed to the adult correctional institutions to answer for any criminal offense, after conviction, is required to be tested for human immunodeficiency virus (HIV). No consent for this test is required from the person being tested, nor is this test subject to waiver. In addition, periodic testing for HIV, including testing at the time of release and when deemed appropriate by a physician, is required. No consent on the part of the person being tested is required.

(b) All inmates shall be provided appropriate pretest and post-test counseling in accordance with accepted medical standards. Inmates who develop AIDS or AIDS related complex are entitled to all reasonable medical treatment available for their illness. No inmate shall be punished, segregated, or denied recreation privileges solely on the basis of a positive test result. However, the health care services division of the department of corrections shall, not later than September 1, 1998, adopt and put into effect reasonable rules and steps to protect the confidentiality of the HIV test results, in accordance with § 23-6.3-8 and to prevent persons testing positive for HIV from infecting other inmates and/or correctional staff. If any person, including any member of the correctional staff at the state department of corrections, is assaulted or comes into contact with bodily fluid from an inmate or detainee, a department of corrections physician will incorporate accepted medical standards and determine whether the incident places the exposed person at risk for HIV or any other blood borne disease. This may involve drawing a serum sample on the source inmate or detainee in accordance with § 23-6.3-4 and performing tests to determine the presence of blood borne infections such as HIV or hepatitis virus. The physician will immediately inform the exposed person of the medical assessment of risk, which will take into account the serostatus of the source inmate or detainee, and will provide for emergency medical care, according to accepted medical standards.

(c) The department of corrections shall institute a comprehensive HIV education and drug treatment program for inmates and staff at all of its facilities. The educational program for correctional staff shall be in-service, fully reimbursable to the employee, and mandatory and shall be given periodically in collaboration with the department of health. The department of corrections shall make easily accessible personal protective equipment for correctional personnel to be used in the event of administering cardiac or respiratory resuscitation.

History of Section. (P.L. 1988, ch. 405, § 7; P.L. 1990, ch. 169, § 3; P.L. 1998, ch. 443, § 1; P.L. 2000, ch. 171, § 6; P.L. 2010, ch. 239, § 21.)