Human Services, the Office of National Drug Control Pol-
icy, and the Centers for Disease Control regarding the de-
velopment of this policy. 
(d) TIME LIMIT.—The Bureau shall draft appro-
priate regulations to implement this policy not later than 
1 year after the date of the enactment of this Act. 
SEC. 3. REQUIREMENTS FOR POLICY. 
The policy created under section 2 shall do the fol-
lowing: 
(1) TESTING
AND
COUNSELING
UPON
IN-
TAKE.— 
(A) Medical personnel shall provide routine 
HIV testing to all inmates as a part of a com-
prehensive medical examination immediately fol-
lowing admission to a facility. (Medical per-
sonnel need not provide routine HIV testing to 
an inmate who is transferred to a facility from 
another facility if the inmate’s medical records 
are transferred with the inmate and indicate 
that the inmate has been tested previously.). 
(B) To all inmates admitted to a facility 
prior to the effective date of this policy, medical 
personnel shall provide routine HIV testing 
within no more than 6 months. HIV testing for 
these inmates may be performed in conjunction
with other health services provided to these in-
mates by medical personnel. 
(C) All HIV tests under this paragraph 
shall comply with paragraph (9). 
(2) PRE-TEST AND POST-TEST COUNSELING.— 
Medical personnel shall provide confidential pre-test 
and post-test counseling to all inmates who are test-
ed for HIV. Counseling may be included with other 
general health counseling provided to inmates by 
medical personnel. 
(3) HIV/AIDS PREVENTION EDUCATION.— 
(A) Medical personnel shall improve HIV/ 
AIDS awareness through frequent educational 
programs for all inmates. HIV/AIDS edu-
cational programs may be provided by commu-
nity based organizations, local health depart-
ments, and inmate peer educators. These HIV/ 
AIDS educational programs shall include infor-
mation on modes of transmission, including 
transmission through tattooing, sexual contact, 
and intravenous drug use; prevention methods; 
treatment; and disease progression. HIV/AIDS 
educational programs shall be culturally sen-
sitive, conducted in a variety of languages, and
present scientifically accurate information in a 
clear and understandable manner. 
(B) HIV/AIDS educational materials shall 
be made available to all inmates at orientation, 
at health care clinics, at regular educational 
programs, and prior to release. Both written 
and audio-visual materials shall be made avail-
able to all inmates. These materials shall be 
culturally sensitive, written for low literacy lev-
els, and available in a variety of languages. 
(4) HIV TESTING UPON REQUEST.— 
(A) Medical personnel shall allow inmates 
to obtain HIV tests upon request once per year 
or whenever an inmate has a reason to believe 
the inmate may have been exposed to HIV. 
Medical personnel shall, both orally and in writ-
ing, inform inmates, during orientation and pe-
riodically throughout incarceration, of their 
right to obtain HIV tests. 
(B) Medical personnel shall encourage in-
mates to request HIV tests if the inmate is sex-
ually active, has been raped, uses intravenous 
drugs, receives a tattoo, or if the inmate is con-
cerned that the inmate may have been exposed 
to HIV/AIDS.
(C) An inmate’s request for an HIV test 
shall not be considered an indication that the 
inmate has put him/herself at risk of infection 
and/or committed a violation of prison rules. 
(5) HIV TESTING OF PREGNANT WOMAN.— 
(A) Medical personnel shall provide routine 
HIV testing to all inmates who become preg-
nant. 
(B) All HIV tests under this paragraph 
shall comply with paragraph (9). 
(6) COMPREHENSIVE TREATMENT.— 
(A) Medical personnel shall provide all in-
mates who test positive for HIV— 
(i) 
timely, 
comprehensive 
medical 
treatment; 
(ii) confidential counseling on man-
aging their medical condition and pre-
venting its transmission to other persons; 
and 
(iii) voluntary partner notification 
services. 
(B) Medical care provided under this para-
graph shall be consistent with current Depart-
ment of Health and Human Services guidelines 
and standard medical practice. Medical per-