HR 1943 RS 
treatment for inmates living with HIV/AIDS, 
and that the facility maintains adequate sup-
plies of such medications to meet inmates’ med-
ical needs. Medical and pharmacy personnel 
shall also develop and implement automatic re-
newal systems for these medications to prevent 
interruptions in care. 
(D) Correctional staff and medical and 
pharmacy personnel shall develop and imple-
ment distribution procedures to ensure timely 
and confidential access to medications. 
(7) PROTECTION OF CONFIDENTIALITY.— 
(A) Medical personnel shall develop and 
implement procedures to ensure the confiden-
tiality of inmate tests, diagnoses, and treat-
ment. Medical personnel and correctional staff 
shall receive regular training on the implemen-
tation of these procedures. Penalties for viola-
tions of inmate confidentiality by medical per-
sonnel or correctional staff shall be specified 
and strictly enforced. 
(B) HIV testing, counseling, and treat-
ment shall be provided in a confidential setting 
where other routine health services are provided 
and in a manner that allows the inmate to re-
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HR 1943 RS 
quest and obtain these services as routine med-
ical services. 
(8) TESTING, COUNSELING, AND
REFERRAL 
PRIOR TO REENTRY.— 
(A) Medical personnel shall provide routine 
HIV testing to all inmates no more than 3 
months prior to their release and reentry into 
the community. (Inmates who are already 
known to be infected need not be tested again.). 
This requirement may be waived if an inmate’s 
release occurs without sufficient notice to the 
Bureau to allow medical personnel to perform a 
routine HIV test and notify the inmate of the 
results. 
(B) All HIV tests under this paragraph 
shall comply with paragraph (9). 
(C) To all inmates who test positive for 
HIV and all inmates who already are known to 
have HIV/AIDS, medical personnel shall pro-
vide— 
(i) confidential prerelease counseling 
on managing their medical condition in the 
community, accessing appropriate treat-
ment and services in the community, and 
preventing the transmission of their condi-
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tion to family members and other persons 
in the community; 
(ii) referrals to appropriate health 
care providers and social service agencies 
in the community that meet the inmate’s 
individual needs, including voluntary part-
ner notification services and prevention 
counseling services for people living with 
HIV/AIDS; and 
(iii) a 30-day supply of any medically 
necessary medications the inmate is cur-
rently receiving. 
(9) OPT-OUT PROVISION.—Inmates shall have 
the right to refuse routine HIV testing. Inmates 
shall be informed both orally and in writing of this 
right. Oral and written disclosure of this right may 
be included with other general health information 
and counseling provided to inmates by medical per-
sonnel. If an inmate refuses a routine test for HIV, 
medical personnel shall make a note of the inmate’s 
refusal in the inmate’s confidential medical records. 
However, the inmate’s refusal shall not be consid-
ered a violation of prison rules or result in discipli-
nary action. 
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