SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop AIDS in Prison 
Act of 2009’’. 
SEC. 2. COMPREHENSIVE HIV/AIDS POLICY. 
(a) IN GENERAL.—The Bureau of Prisons (herein-
after in this Act referred to as the ‘‘Bureau’’) shall develop 
a comprehensive policy to provide HIV testing, treatment, 
and prevention for inmates within the correctional setting 
and upon reentry. 
(b) PURPOSE.—The purposes of this policy shall be 
as follows: 
(1) To stop the spread of HIV/AIDS among in-
mates. 
(2) To protect prison guards and other per-
sonnel from HIV/AIDS infection. 
(3) To provide comprehensive medical treat-
ment to inmates who are living with HIV/AIDS. 
(4) To promote HIV/AIDS awareness and pre-
vention among inmates. 
(5) To encourage inmates to take personal re-
sponsibility for their health. 
(6) To reduce the risk that inmates will trans-
mit HIV/AIDS to other persons in the community 
following their release from prison. 
(c) CONSULTATION.—The Bureau shall consult with 
appropriate officials of the Department of Health and
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-
sonnel shall discuss treatment options, the im-
portance of adherence to antiretroviral therapy, 
and the side effects of medications with inmates 
receiving treatment. 
(C) Medical and pharmacy personnel shall 
ensure that the facility formulary contains all 
Food and Drug Administration-approved medi-
cations necessary to provide comprehensive 
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-