609 
shall take effect 180 days after the date of the en-
actment of this Act and shall apply to services fur-
nished on or after such date. 
(2) RULE
FOR
CHANGES
REQUIRING
STATE 
LEGISLATION.—In the case of a State plan for med-
ical assistance under title XIX of the Social Security 
Act which the Secretary of Health and Human Serv-
ices determines requires State legislation (other than 
legislation appropriating funds) in order for the plan 
to meet the additional requirement imposed by the 
amendments made by this section, the State plan 
shall not be regarded as failing to comply with the 
requirements of such title solely on the basis of its 
failure to meet this additional requirement before 
the first day of the first calendar quarter beginning 
after the close of the first regular session of the 
State legislature that begins after the date of the en-
actment of this Act. For purposes of the previous 
sentence, in the case of a State that has a 2-year 
legislative session, each year of such session shall be 
deemed to be a separate regular session of the State 
legislature. 
SEC. 760. STOP AIDS IN PRISON. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Stop AIDS in Prison Act’’. 
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(b) IN GENERAL.—The Bureau of Prisons (herein-
after in this section referred to as the ‘‘Bureau’’) shall 
develop a comprehensive policy to provide HIV testing, 
treatment, and prevention for inmates within the correc-
tional setting and upon reentry. 
(c) 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. 
(d) CONSULTATION.—The Bureau shall consult with 
appropriate officials of the Department of Health and 
Human Services, the Office of National Drug Control Pol-
icy, the Office of National AIDS Policy, and the Centers 
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for Disease Control and Prevention regarding the develop-
ment of this policy. 
(e) 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. 
(f) REQUIREMENTS FOR POLICY.—The policy created 
under subsection (b) shall provide for the following: 
(1) TESTING
AND
COUNSELING
UPON
IN-
TAKE.— 
(A) Health care personnel shall provide 
routine HIV testing to all inmates as a part of 
a comprehensive medical examination imme-
diately following admission to a facility. (Health 
care personnel need not provide routine HIV 
testing to an inmate who is transferred to a fa-
cility from another facility if the inmate’s med-
ical records are transferred with the inmate and 
indicate that the inmate has been tested pre-
viously.) 
(B) To all inmates admitted to a facility 
prior to the effective date of this policy, health 
care personnel shall provide routine HIV testing 
within no more than 6 months. HIV testing for 
these inmates may be performed in conjunction 
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with other health services provided to these in-
mates by health care personnel. 
(C) All HIV tests under this paragraph 
shall comply with the opt-out provision. 
(2) PRE-TEST AND POST-TEST COUNSELING.— 
Health care personnel shall provide confidential pre- 
test and post-test counseling to all inmates who are 
tested for HIV. Counseling may be included with 
other general health counseling provided to inmates 
by health care personnel. 
(3) HIV/AIDS PREVENTION EDUCATION.— 
(A) Health care personnel shall improve 
HIV/AIDS awareness through frequent edu-
cational programs for all inmates. HIV/AIDS 
educational programs may be provided by com-
munity-based organizations, local health depart-
ments, and inmate peer educators. 
(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 audiovisual materials shall be made avail-
able to all inmates. 
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(C)(i) The HIV/AIDS educational pro-
grams and materials under this paragraph shall 
include information on— 
(I) modes of transmission, including 
transmission through tattooing, sexual con-
tact, and intravenous drug use; 
(II) prevention methods; 
(III) treatment; and 
(IV) disease progression. 
(ii) The programs and materials shall be 
culturally sensitive, written or designed for low- 
literacy levels, available in a variety of lan-
guages, and present scientifically accurate in-
formation in a clear and understandable man-
ner. 
(4) HIV TESTING UPON REQUEST.— 
(A) Health care personnel shall allow in-
mates 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. Health care personnel shall, both orally 
and in writing, inform inmates, during orienta-
tion and periodically throughout incarceration, 
of their right to obtain HIV tests. 
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(B) Health care personnel shall encourage 
inmates to request HIV tests if the inmate is 
sexually active, has been raped, uses intra-
venous drugs, receives a tattoo, or if the inmate 
is concerned that the inmate may have been ex-
posed 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) Health care personnel shall provide 
routine HIV testing to all inmates who become 
pregnant. 
(B) All HIV tests under this paragraph 
shall comply with the opt-out provision. 
(6) COMPREHENSIVE TREATMENT.— 
(A) Health care personnel shall provide all 
inmates 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 
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