§4014 Testing for Human Immunodeficiency Virus

Summary

The Attorney General must make sure people convicted of a federal crime who are sentenced to at least 6 months in prison are tested for HIV when the Bureau of Prisons’ infectious disease rules say they are at risk. If the Attorney General has a good reason to think someone jailed or detained may have passed HIV to a federal officer, employee, or a visitor who is lawfully in the facility, that person must be tested quickly, told their results, and any possibly exposed person must be told confidentially and advised that preventive or other treatment may be needed. If a test shows HIV, the Attorney General must provide access to counseling, health care, and support for the person tested and for any affected officer, employee, or other person. Test results cannot be used against the tested person in any Federal or State civil or criminal case or proceeding. Within 1 year after the law is enacted, the Attorney General must issue rules saying test results go only to the person tested and, if positive, to prison staff as the Bureau of Prisons allows, and must protect the privacy of anyone who requests or receives a test.