SB 250 Requires the Department of Corrections to develop a comprehensive policy to provide HIV testing, treatment, and prevention for inmates
Sponsor: Smith
LR Number: 1208S.01I Fiscal Note: 1208-01
Committee: Financial and Governmental Organizations and Elections
Last Action: 1/29/2009 - Second Read and Referred S Financial and Governmental Organizations and Elections Committee Journal Page: S220
Title: Calendar Position:
Effective Date: August 28, 2009

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Current Bill Summary


SB 250 - This act requires the Department of Corrections to develop a comprehensive policy to provide HIV testing, treatment, and prevention for inmates. The policy shall include testing and counseling upon intake, pretest and post-test counseling, HIV/AIDS prevention education, HIV testing upon request, HIV testing of pregnant women, comprehensive treatment, protection of confidentiality, opt-out provisions, exposure incident testing, timely notification of test results, and testing, counseling and referral prior to reentry.

Inmates shall be allowed to obtain HIV tests upon request once per year or whenever an inmate has reason to believe he or she has been exposed to HIV.

Medical personnel shall provide inmates who test positive for HIV with timely comprehensive medical treatment, confidential counseling, and voluntary partner notification services. They shall discuss treatment options, the importance of antiretroviral therapy, and the side effects of medications. Personnel shall ensure that the facility formulary contains all FDA-approved medications necessary for comprehensive treatment and the facility is adequately supplied.

All inmates, except those who have already tested positive for HIV, shall be tested no more than three months prior to release, unless the inmate's release occurs without sufficient notice to the department to allow medical personnel time to perform such testing. Inmates shall have the right to refuse such routine HIV testing and shall be informed of such right orally and in writing. However, an inmate shall be tested, with or without consent, if there has been a possible transmission of HIV to any medical personnel, correctional staff, or other inmate.

Upon release, inmates who already tested positive shall receive confidential prerelease counseling, referrals to appropriate health care providers and social service agencies, and a thirty-day supply of necessary medications.

By February 1, 2011, the department shall provide a report annually to the governor and general assembly regarding the department's policies and procedures on testing, treatment, and prevention programs and to report statistical data on HIV/AIDS among the inmate population.

This act is similar to HB 339 (2009).

SUSAN HENDERSON MOORE