18 U.S.C. § 4014 — Testing for human immunodeficiency virus

(a) The Attorney General must cause each individual convicted of a Federal offense who is sentenced to incarceration for 6 months or more to be tested, as appropriate, for “human immunodeficiency virus” after the incarceration begins, if the individual is determined to be at risk for infection under the Bureau of Prisons guidelines about infectious-disease management. This section does not define “human immunodeficiency virus”. (b) If the Attorney General has a well-founded reason to believe that a person sentenced to imprisonment for a Federal offense, or ordered detained before trial under section 3142(e), may have intentionally or unintentionally transmitted the virus to a United States officer or employee, or to a person lawfully present in a correctional facility who is not incarcerated there, the Attorney General must: (1) promptly have the person who may have transmitted the virus tested for the virus and communicate the test results to that person; and (2) consistently with the Bureau of Prisons guidelines about infectious-disease management, inform any person who may have been exposed to the virus, in confidential consultation with that person’s physician when appropriate, about the potential risk and, if the circumstances warrant, that prophylactic or other treatment should be considered. (c) If a test under subsection (a) or (b) shows the presence of the virus, the Attorney General must provide appropriate access to counseling, health care, and support services for the affected officer, employee, or other person, and for the person tested. (d) Test results under this section may not be admitted against the person tested in any Federal or State civil or criminal case or proceeding. (e) Not later than 1 year after the date this section is enacted, the Attorney General must issue rules to carry out this section. The rules must require that test results be communicated only to the person tested and, if the results show the presence of the virus, to correctional-facility personnel in a way consistent with Bureau of Prisons guidelines. The rules must also establish procedures intended to protect the privacy of a person who asks for the test and the privacy of the person tested.