Privacy Law Library

HIV Testing Confidentiality and Anti-Discrimination

RI HIV Confidentiality Law

Health · Employees

Makes it unlawful to disclose a person's HIV test results to a third party without prior written consent, apart from listed reporting and treatment exceptions, and requires record holders to secure HIV information. It also requires advance notice to the person of certain permitted disclosures and bans HIV-based discrimination, including requiring HIV tests as a condition of employment.

Where
Rhode Island
Citation
R.I. Gen. Laws §§ 23-6.3-7 to 23-6.3-11
Status
In force
Enforced by
Courts via private actions; Department of Health
People can sue
Yes
Penalties
Violations of the confidentiality and record-protection sections carry the remedies of ch. 5-37.3: actual and exemplary damages, attorney's fees, and for intentional violations a fine up to ,000 and/or up to 6 months' imprisonment (§§ 23-6.3-8(e), 23-6.3-9, 5-37.3-9).
Applies to
  • Any person who holds or discloses an individual's HIV test results, including healthcare providers, laboratories, insurers, employers and public health officials
  • Anti-discrimination rule applies to any person, agency, organization or legal entity in housing, education, employment, credit, public accommodations and services

What a privacy notice must say

  • When HIV results are disclosed to a third party not involved in care (other than permitted disclosures), make reasonable efforts to tell the individual in advance the nature, purpose, date and recipient of the disclosure.R.I. Gen. Laws § 23-6.3-10(a)

Practices it requires

  • Do not disclose an individual's HIV test results to a third party without prior written consent, except for listed lab and provider reporting, medical records entries, communicable-disease notifications, and disclosures allowed under ch. 5-37.3 or § 40.1-5-26.R.I. Gen. Laws § 23-6.3-7(a)
  • Do not discriminate based on an actual or perceived positive HIV test in housing, education, employment, credit, public accommodation or services, and do not require an HIV test as a condition of employment.R.I. Gen. Laws § 23-6.3-11

Security duties

  • Keep HIV test records secure, set electronic confidentiality safeguards, limit access by reasonable rules, and train staff who handle the records.R.I. Gen. Laws § 23-6.3-8(a)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective date of P.L. 2009, chs. 196 and 289 not confirmed.

Research reference, not legal advice.