THE LAW
Title 18: United States Code, Chapter 301 Sec 4014:
(a) The Attorney General shall cause each individual convicted
of a Federal offense who is sentenced to incarceration for a period
of 6 months or more to be tested for the presence of the human
immunodeficiency virus, as appropriate, after the commencement
of that incarceration, 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.
(b) If the Attorney General has a well-founded reason to believe
that a person sentenced to a term of imprisonment for a Federal
offense, or ordered detained before trial under section 3142(e), may
have intentionally or unintentionally transmitted the human
immunodeficiency virus to any officer or employee of the United
States, or to any person lawfully present in a correctional facility
who is not incarcerated there, the Attorney General shall -
(1) cause the person who may have transmitted the virus to be
tested promptly for the presence of such virus and communicate the
test results to the person tested; and
(2) consistent with the guidelines issued by the Bureau of
Prisons relating to infectious disease management, inform any person
(in, as appropriate, confidential consultation with the person's
physician) who may have been exposed to such virus, of the potential
risk involved and, if warranted by the circumstances, that
prophylactic or other treatment should be considered.
(c) If the results of a test under subsection (a) or (b)
indicate the presence of the human immunodeficiency virus, the
Attorney General shall provide appropriate access for counselling,
health care, and support services to the affected officer, employee,
or other person, and to the person tested.
(d) The results of a test under this section are inadmissible
against the person tested in any Federal or State civil or criminal
case or proceeding.
(e) Not later than 1 year after the date of the enactment of
this section, the Attorney General shall issue rules to implement
this section. Such rules shall require that the results of any test
are communicated only to the person tested, and, if the results of
the test indicate the presence of the virus, to correctional facility
personnel consistent with guidelines issued by the Bureau of Prisons.
Such rules shall also provide for procedures designed to protect the
privacy of a person requesting that the test be performed and the
privacy of the person tested
