2005 Rhode Island Code - § 11-37-17 — Human Immunodeficiency Virus (HIV) – Mandatory testing.

    (a) Any person who has admitted to or been convicted of or adjudicated wayward or delinquent by reason of having committed any sexual offense involving sexual penetration, as defined in § 11-37-1, whether or not sentence or fine is imposed or probation granted, shall be ordered by the court upon the petition of the victim, immediate family members of the victim or legal guardian of the victim, to submit to a blood test for the presence of a sexually transmitted disease including, but not limited to, the Human Immunodeficiency Virus (HIV) which causes Acquired Immune Deficiency Syndrome (AIDS). Notwithstanding the provision of § 23-6-12, no consent for the testing shall be required.

   (b) Notwithstanding the limitations imposed by §§ 23-6-17 and 5-37.3-4, the results of the HIV test shall be reported to the court, which shall then disclose the results to any victim of the sexual offense who requests disclosure. Review and disclosure of blood test results by the courts shall be closed and confidential, and any transaction records relating to them shall also be closed and confidential.

   (c) Upon the victim's request, the department of health shall help provide HIV testing, as well as professional counseling to assist the victim in their understanding of the extent to which the particular circumstances of the crime may or may not have put the victim at risk of transmission of HIV from the perpetrator, to ensure that the victim understands both the benefits and limitations of the current test for HIV, and to obtain referrals to appropriate health care and support services.

   (d) All persons tested under this section shall be informed of the results of the blood test.

   (e) Pretest and post-test counseling shall be in accordance with regulations adopted by the department of health; provided, that this counseling shall be in accordance with acceptable medical standards.