Rhode Island § 42-153-3 - Restricting Radio Frequency Identification Devices

§ 42-153-3. Scope.

(a) Nothing contained herein shall be construed to affect the otherwise lawful use of electronic monitoring devices by the department of corrections or the department of children, youth and families for individuals placed on electronic monitoring parole, home confinement, temporary community placement pursuant to § 14-1-36.1, or in community correctional programs. Global Positioning devices are excluded.

(b) Nothing contained herein shall be construed to prohibit the use of RFIDs for the purpose of tracking students being transported to a hospital for emergency medical services in accordance with § 23-4.1-1; provided, however, that no information that personally identifies the individual shall be transmitted by the RFID unless HIPAA compliant.

(c) Nothing contained herein shall prohibit the use of RFIDs by a state or local government for the purpose of tracking the location of equipment or vehicles owned by the state or local government, provided that the RFID device shall not contain or transmit information that directly pertains to any student.

(d) Nothing contained herein shall be construed to apply to or prohibit the use of global positioning system devices.

(e) Nothing contained herein shall be construed to prohibit a school’s use of RFID in the case of a student with special needs where: (1) It is determined that there is no less restrictive alternative available to monitor the student’s movement in order to prevent elopement; (2) The use of RFID has been agreed to by both the school and the student’s parent(s) or legal guardian; (3) The use of RFID technology is included in the student’s individual education plan; and (4) The student’s parent(s) or legal guardian have been provided information about the benefits and limits of the technology in tracking a student who has eloped.