HR 1943 RFS
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. 
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(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-
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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-
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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-
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). 
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(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-
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 
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