,i #aacth ,,congress #ast ,session ,h4 ,r4 #hie ,,in ,,the ,,house ,,of ,,representatives ,february #bh1 #bjac ,ms4 ,waters 7for herself1 ,mr4 ,conyers1 ,mr4 ,scott of ,virginia1 ,mr4 ,grijalva1 ,mr4 ,serrano1 ,mr4 ,nadler1 ,ms4 ,lee of ,california1 ,mrs4 ,christensen1 ,ms4 ,roybal-,allard1 ,ms4 ,norton1 ,mr4 ,rangel1 ,ms4 ,jackson ,lee1 ,ms4 ,wilson of ,florida1 ,mr4 ,hastings of ,florida1 ,ms4 ,schakowsky1 ,ms4 ,hahn1 ,ms4 ,sewell of ,alabama1 ,mr4 ,rush1 ,ms4 ,clarke1 ,mr4 ,johnson of ,georgia1 ,ms4 ,linda ,t4 ,snchez of ,california1 ,mr4 ,blumenauer1 ,mr4 ,cohen1 ,mr4 ,ellison1 ,mr4 ,honda1 ,mr4 ,lewis1 ,mr4 ,clay1 ,mrs4 ,beatty1 and ,mr4 ,cummings7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for an effective ,,hiv_/,,aids program in ,federal prisons4 #a4 ,short title ,this ,act may be cited as the ,stop ,,aids in ,prison ,act of #bjac4 #b4 ,comprehensive ,,hiv_/,,aids ,policy 7a7 ,in general ,the ,bureau of ,prisons 7hereinafter in this ,act referred to as the ,bureau7 shall develop a comprehensive policy to provide ,,hiv testing1 treatment1 and prevention for inmates within the correctional setting and upon reentry4 7b7 ,purpose ,the purposes of this policy shall be as follows3 7#a7 ,to stop the spread of ,,hiv_/,,aids among inmates4 7#b7 ,to protect prison guards and other personnel from ,,hiv_/,,aids infection4 7#c7 ,to provide comprehensive medical treatment to inmates who are living with ,,hiv_/,,aids4 7#d7 ,to promote ,,hiv_/,,aids awareness and prevention among inmates4 7#e7 ,to encourage inmates to take personal responsibility for their health4 7#f7 ,to reduce the risk that inmates will transmit ,,hiv_/,,aids to other persons in the community following their release from prison4 7c7 ,consultation ,the ,bureau shall consult with appropriate officials of the ,department of ,health and ,human ,services1 the ,office of ,national ,drug ,control ,policy1 the ,office of ,national ,,aids ,policy1 and the ,centers for ,disease ,control regarding the development of this policy4 7d7 ,time limit ,the ,bureau shall draft appropriate regulations to implement this policy not later than #a year after the date of the enactment of this ,act4 #c4 ,requirements for policy ,the policy created under section #b shall do the following3 7#a7 ,testing and counseling upon intake 7,a7 ,health care personnel shall provide routine ,,hiv testing to all inmates as a part of a comprehensive medical examination immediately following admission to a facility4 7,health care personnel 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 previously47 7,b7 ,to all inmates admitted to a facility prior to the effective date of this policy1 health care personnel shall provide routine ,,hiv testing within no more than #f months4 ,,hiv testing for these inmates may be performed in conjunction with other health services provided to these inmates by health care personnel4 7,c7 ,all ,,hiv tests under this paragraph shall comply with the opt-out provision4 7#b7 ,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 ,,hiv4 ,counseling may be included with other general health counseling provided to inmates by health care personnel4 7#c7 ,,hiv_/,,aids ,prevention ,education 7,a7 ,health care personnel shall improve ,,hiv_/,,aids awareness through frequent educational programs for all inmates4 ,,hiv_/,,aids educational programs may be provided by community based organizations1 local health departments1 and inmate peer educators4 7,b7 ,,hiv_/,,aids educational materials shall be made available to all inmates at orientation1 at health care clinics1 at regular educational programs1 and prior to release4 ,both written and audio-visual materials shall be made available to all inmates4 7,c7 7i7 ,the ,,hiv_/,,aids educational programs and materials under this paragraph shall include information on-- 7,i7 modes of transmission1 including transmission through tattooing1 sexual contact1 and intravenous drug use2 7,,ii7 prevention methods2 7,,iii7 treatment2 and 7,,iv7 disease progression4 7ii7 ,the programs and materials shall be culturally sensitive1 written or designed for low literacy levels1 available in a variety of languages1 and present scientifically accurate information in a clear and understandable manner4 7#d7 ,,hiv ,testing upon request 7,a7 ,health care 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 ,,hiv4 ,health care personnel shall1 both orally and in writing1 inform inmates1 during orientation and periodically throughout incarceration1 of their right to obtain ,,hiv tests4 7,b7 ,health care personnel shall encourage inmates to request ,,hiv tests if the inmate is sexually active1 has been raped1 uses intravenous drugs1 receives a tattoo1 or if the inmate is concerned that the inmate may have been exposed to ,,hiv_/,,aids4 7,c7 ,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 rules4 7#e7 ,,hiv ,testing of ,pregnant ,woman 7,a7 ,health care personnel shall provide routine ,,hiv testing to all inmates who become pregnant4 7,b7 ,all ,,hiv tests under this paragraph shall comply with the opt-out provision4 7#f7 ,comprehensive treatment 7,a7 ,health care personnel shall provide all inmates who test positive for ,,hiv-- 7i7 timely1 comprehensive medical treatment2 7ii7 confidential counseling on managing their medical condition and preventing its transmission to other persons2 and 7iii7 voluntary partner notification services4 7,b7 ,health care provided under this paragraph shall be consistent with current ,department of ,health and ,human ,services guidelines and standard medical practice4 ,health care personnel shall discuss treatment options1 the importance of adherence to antiretroviral therapy1 and the side effects of medications with inmates receiving treatment4 7,c7 ,health care personnel and pharmacy personnel shall ensure that the facility formulary contains all ,food and ,drug ,administration-approved medications necessary to provide comprehensive treatment for inmates living with ,,hiv_/,,aids1 and that the facility maintains adequate supplies of such medications to meet inmates' medical needs4 ,health care personnel and pharmacy personnel shall also develop and implement automatic renewal systems for these medications to prevent interruptions in care4 7,d7 ,correctional staff1 health care personnel1 and pharmacy personnel shall develop and implement distribution procedures to ensure timely and confidential access to medications4 7#g7 ,protection of ,confidentiality 7,a7 ,health care personnel shall develop and implement procedures to ensure the confidentiality of inmate tests1 diagnoses1 and treatment4 ,health care personnel and correctional staff shall receive regular training on the implementation of these procedures4 ,penalties for violations of inmate confidentiality by health care personnel or correctional staff shall be specified and strictly enforced4 7,b7 ,,hiv testing1 counseling1 and treatment shall be provided in a confidential setting where other routine health services are provided and in a manner that allows the inmate to request and obtain these services as routine medical services4 7#h7 ,testing1 counseling1 and referral prior to reentry 7,a7 ,health care personnel shall provide routine ,,hiv testing to all inmates no more than #c months prior to their release and reentry into the community4 7,inmates who are already known to be infected need not be tested again47 ,this requirement may be waived if an inmate's release occurs without sufficient notice to the ,bureau to allow health care personnel to perform a routine ,,hiv test and notify the inmate of the results4 7,b7 ,all ,,hiv tests under this paragraph shall comply with the opt-out provision4 7,c7 ,to all inmates who test positive for ,,hiv and all inmates who already are known to have ,,hiv_/,,aids1 health care personnel shall provide-- 7i7 confidential prerelease counseling on managing their medical condition in the community1 accessing appropriate treatment and services in the community1 and preventing the transmission of their condition to family members and other persons in the community2 7ii7 referrals to appropriate health care providers and social service agencies in the community that meet the inmate's individual needs1 including voluntary partner notification services and prevention counseling services for people living with ,,hiv_/,,aids2 and 7iii7 a #cj-;day supply of any medically necessary medications the inmate is currently receiving4 7#i7 ,opt-,out ,provision ,inmates shall have the right to refuse routine ,,hiv testing4 ,inmates shall be informed both orally and in writing of this right4 ,oral and written disclosure of this right may be included with other general health information and counseling provided to inmates by health care personnel4 ,if an inmate refuses a routine test for ,,hiv1 health care personnel shall make a note of the inmate's refusal in the inmate's confidential medical records4 ,however1 the inmate's refusal shall not be considered a violation of prison rules or result in disciplinary action4 ,any reference in this section to the opt-out provision shall be deemed a reference to the requirement of this paragraph4 7#aj7 ,exclusion of ,tests ,performed ,under ,section #djad7;b7 from the ,definition of ,routine ,,hiv ,testing ,,hiv testing of an inmate under section #djad7;b7 of title #ah1 ,united ,states ,code1 is not routine ,,hiv testing for the purposes of the opt-out provision4 ,health care personnel shall document the reason for testing under section #djad7;b7 of title #ah1 ,united ,states ,code1 in the inmate's confidential medical records4 7#aa7 ,timely notification of test results ,health care personnel shall provide timely notification to inmates of the results of ,,hiv tests4 #d4 ,changes in existing law 7a7 ,screening in general ,section #djad7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking for a period of #f months or more2 7#b7 by striking 1 as appropriate12 and 7#c7 by striking if such individual is determined to be at risk for infection with such virus in accordance with the guidelines issued by the ,bureau of ,prisons relating to infectious disease management and inserting unless the individual declines4 ,the ,attorney ,general shall also cause such individual to be so tested before release unless the individual declines44 7b7 ,inadmissibility of ,,hiv ,test ,results in civil and criminal proceedings ,section #djad7;d7 of title #ah1 ,united ,states ,code1 is amended by inserting or under the ,stop ,,aids in ,prison ,act of #bjac after under this section4 7c7 ,screening as part of routine screening ,section #djad7;e7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,such rules shall also provide that the initial test under this section be performed as part of the routine health screening conducted at intake44 #e4 ,reporting requirements 7a7 ,report on hepatitis and other diseases ,not later than #a year after the date of the enactment of this ,act1 the ,bureau shall provide a report to the ,congress on ,bureau policies and procedures to provide testing1 treatment1 and prevention education programs for hepatitis and other diseases transmitted through sexual activity and intravenous drug use4 ,the ,bureau shall consult with appropriate officials of the ,department of ,health and ,human ,services1 the ,office of ,national ,drug ,control ,policy1 the ,office of ,national ,,aids ,policy1 and the ,centers for ,disease ,control regarding the development of this report4 7b7 ,annual reports 7#a7 ,generally ,not later than #b years after the date of the enactment of this ,act1 and then annually thereafter1 the ,bureau shall report to ,congress on the incidence among inmates of diseases transmitted through sexual activity and intravenous drug use4 7#b7 ,matters pertaining to various diseases ,reports under paragraph 7#a7 shall discuss-- 7,a7 the incidence among inmates of ,,hiv_/,,aids1 hepatitis1 and other diseases transmitted through sexual activity and intravenous drug use2 and 7,b7 updates on ,bureau testing1 treatment1 and prevention education programs for these diseases4 7#c7 ,matters pertaining to ,,hiv_/,,aids only ,reports under paragraph 7#a7 shall also include-- 7,a7 the number of inmates who tested positive for ,,hiv upon intake2 7,b7 the number of inmates who tested positive prior to reentry2 7,c7 the number of inmates who were not tested prior to reentry because they were released without sufficient notice2 7,d7 the number of inmates who opted-out of taking the test2 7,e7 the number of inmates who were tested under section #djad7;b7 of title #ah1 ,united ,states ,code2 and 7,f7 the number of inmates under treatment for ,,hiv_/,,aids4 7#d7 ,consultation ,the ,bureau shall consult with appropriate officials of the ,department of ,health and ,human ,services1 the ,office of ,national ,drug ,control ,policy1 the ,office of ,national ,,aids ,policy1 and the ,centers for ,disease ,control regarding the development of reports under paragraph 7#a74