[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 503 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 503

    To prevent the transmission of the human immunodeficiency virus 
            (commonly known as HIV), and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 20, 1997

  Mr. Nickles introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
    To prevent the transmission of the human immunodeficiency virus 
            (commonly known as HIV), and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``HIV Prevention Act of 1997''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The States should recognize that the terms ``acquired 
        immune deficiency syndrome'' and ``AIDS'' are obsolete. In the 
        case of individuals who are infected with the human 
        immunodeficiency virus (commonly known as HIV), the more 
        important medical fact for the individuals and for the 
        protection of the public health is the fact of infection, and 
        not just the later development of AIDS (the stage at which the 
        infection causes symptoms). The term ``HIV disease'', meaning 
        infection with HIV regardless of whether the infection has 
        progressed to AIDS, more correctly defines the medical 
        condition.
            (2) The medical, public health, political, and community 
        leadership must focus on the full course of HIV disease rather 
        than concentrating on later stages of the disease. Continual 
        focus on AIDS rather than the entire spectrum of HIV disease 
        has left our Nation unable to deal adequately with the 
        epidemic. Federal and State data collection efforts should 
        focus on obtaining data as early as possible after infection 
        occurs, while continuing to collect data on the symptomatic 
        stage of the disease.
            (3) Recent medical breakthroughs may enable doctors to 
        treat HIV disease as a chronic disease rather than as a 
        terminal disease. Early intervention in the progression of the 
        infection is imperative to prolonging and improving the lives 
        of individuals with the disease.
            (4) The Centers for Disease Control and Prevention has 
        recommended partner notification as a primary prevention 
        service. The health needs of the general public, and the care 
        and protection of those who do not have the disease, should be 
        balanced with the needs of individuals with the disease in a 
        manner that allows for the infected individuals to receive 
        optimal medical care and for public health services to protect 
        the uninfected.
            (5) Individuals with HIV disease have an obligation to 
        protect others from being exposed to HIV by avoiding behaviors 
        that place others at risk of becoming infected. The States 
        should have in effect laws providing that intentionally 
        infecting others with HIV is a felony.

SEC. 3. PREVENTION OF TRANSMISSION OF HIV.

    (a) Requirements for States.--A State shall demonstrate to the 
satisfaction of the Secretary that the law or regulations of the State 
are in accordance with the following:
            (1) Reporting of cases.--The State requires that, in the 
        case of a health professional or other entity that provides for 
        the performance of a test for HIV on an individual, the entity 
        confidentially report positive test results to the State public 
        health officer, together with any additional necessary 
        information, in order to carry out the following purposes:
                    (A) The performance of statistical and 
                epidemiological analyses of the incidence in the State 
                of cases of such disease.
                    (B) The performance of statistical and 
                epidemiological analyses of the demographic 
                characteristics of the population of individuals in the 
                State who have the disease.
                    (C) The assessment of the adequacy of preventive 
                services in the State with respect to the disease.
                    (D) The performance of the functions required in 
                paragraph (2).
            (2) Functions.--The functions described in this paragraph 
        are the following:
                    (A) Partner notification.--
                            (i) In general.--The State requires that 
                        the public health officer of the State carry 
                        out a program of partner notification to inform 
                        individuals that the individuals may have been 
                        exposed to HIV.
                            (ii) Definition.--For purposes of this 
                        paragraph, the term ``partner'' includes--
                                    (I) the sexual partners of 
                                individuals with HIV disease;
                                    (II) the partners of such 
                                individuals in the sharing of 
                                hypodermic needles for the intravenous 
                                injection of drugs; and
                                    (III) the partners of such 
                                individuals in the sharing of any drug-
                                related paraphernalia determined by the 
                                Secretary to place such partners at 
                                risk of HIV infection.
                    (B) Collection of information.--The State requires 
                that any information collected for purposes of partner 
                notification be sufficient for the following purposes:
                            (i) To provide the partners of the 
                        individual with HIV disease with an appropriate 
                        opportunity to learn that the partners have 
                        been exposed to HIV.
                            (ii) To provide the partners with 
                        counseling and testing for HIV disease.
                            (iii) To provide the individual who has the 
                        disease with information regarding therapeutic 
                        measures for preventing and treating the 
                        deterioration of the immune system and 
                        conditions arising from the disease, and to 
                        provide the individual with other preventive 
                        information.
                            (iv) With respect to an individual who 
                        undergoes testing for HIV disease but does not 
                        seek the results of the testing, and who has 
                        positive test results for the disease, to 
                        recall and provide the individual with 
                        counseling, therapeutic information, and other 
                        information regarding preventative health 
                        services appropriate for the individual.
                    (C) Cooperation in national program.--The State 
                cooperates with the Director of the Centers for Disease 
                Control and Prevention in carrying out a national 
                program of partner notification, including the sharing 
                of information between the public health officers of 
                the States.
            (3) Testing of certain indicted individual.--With respect 
        to a defendant against whom an information or indictment is 
        presented for a crime in which by force or threat of force the 
        perpetrator compels the victim to engage in sexual activity, 
        the State requires the following:
                    (A) In general.--That the defendant be tested for 
                HIV disease if--
                            (i) the nature of the alleged crime is such 
                        that the sexual activity would have placed the 
                        victim at risk of becoming infected with HIV; 
                        or
                            (ii) the victim requests that the defendant 
                        be so tested.
                    (B) Timing.--That if the conditions specified in 
                subparagraph (A) are met, the defendant undergo the 
                test not later than 48 hours after the date on which 
                the information or indictment is presented, and that as 
                soon thereafter as is practicable the results of the 
                test be made available to--
                            (i) the victim;
                            (ii) the defendant (or if the defendant is 
                        a minor, to the legal guardian of the 
                        defendant);
                            (iii) the attorneys of the victim;
                            (iv) the attorneys of the defendant;
                            (v) the prosecuting attorneys;
                            (vi) the judge presiding at the trial, if 
                        any; and
                            (vii) the principal public health official 
                        for the local governmental jurisdiction in 
                        which the crime is alleged to have occurred.
                    (C) Follow-up testing.--That if the defendant has 
                been tested pursuant to subparagraph (B), the 
                defendant, upon request of the victim, undergo such 
                follow-up tests for HIV as may be medically 
                appropriate, and that as soon as is practicable after 
                each such test the results of the test be made 
                available in accordance with subparagraph (B) (except 
                that this subparagraph applies only to the extent that 
                the individual involved continues to be a defendant in 
                the judicial proceedings involved, or is convicted in 
                the proceedings).
                    (D) Consideration of results.--That, if the results 
                of a test conducted pursuant to subparagraph (B) or (C) 
                indicate that the defendant has HIV disease, such fact 
                may, as relevant, be considered in the judicial 
                proceedings conducted with respect to the alleged 
                crime.
            (4) Testing of certain individuals.--
                    (A) Patients.--With respect to a patient who is to 
                undergo a medical procedure that would place the health 
                professionals involved at risk of becoming infected 
                with HIV, the State--
                            (i) authorizes such health professionals in 
                        their discretion to provide that the procedure 
                        will not be performed unless the patient 
                        undergoes a test for HIV disease and the health 
                        professionals are notified of the results of 
                        the test; and
                            (ii) requires that, if such test is 
                        performed and the patient has positive test 
                        results, the patient be informed of the 
                        results.
                    (B) Funeral-related services.--The State authorizes 
                funeral-services practitioners in their discretion to 
                provide that funeral procedures will not be performed 
                unless the body involved undergoes a test for HIV 
                disease and the practitioners are notified of the 
                results of the test.
            (5) Informing of funeral-service practitioners.--The State 
        requires that, if a health care entity (including a hospital) 
        transfers a body to a funeral-services practitioner and such 
        entity knows that the body is infected with HIV, the entity 
        notify the funeral-services practitioner of such fact.
            (6) Health insurance issuers.--
                    (A) In general.--The State requires that, if a 
                health insurance issuer requires an applicant for such 
                insurance to be tested for HIV disease as a condition 
                of issuing such insurance, the applicant be afforded an 
                opportunity by the health insurance issuer to be 
                informed, upon request, of the HIV status of the 
                applicant.
                    (B) Definition.--For purposes of this paragraph, 
                the term ``health insurance issuer'' means an insurance 
                company, insurance service, or insurance organization 
                (including a health maintenance organization) which is 
                licensed to engage in the business of insurance in the 
                State and which is subject to State law which regulates 
                insurance.
                    (C) Rule of construction.--This paragraph may not 
                be construed as affecting the provisions of section 514 
                of the Employee Retirement Income Security Act of 1974 
                (29 U.S.C. 1154) with respect to group health plans.
            (7) Adoption.--The State requires that, if an adoption 
        agency is giving significant consideration to approving an 
individual as an adoptive parent of a child and the agency knows 
whether the child has HIV disease, such prospective adoptive parent be 
afforded an opportunity by the agency to be informed, upon request, of 
the HIV status of the child.
    (b) Sense of Congress Regarding Health Professionals With HIV 
Disease.--It is the sense of Congress that, with respect to health 
professionals who have HIV disease--
            (1) the health professionals should notify their patients 
        that the health professionals have the disease in medical 
        circumstances that place the patients at risk of being infected 
        with HIV by the health professionals; and
            (2) the States should encourage the medical profession to 
        develop guidelines to assist the health professionals in so 
        notifying patients.
    (c) Applicability of Requirements.--
            (1) In general.--Except as provided in paragraph (2), this 
        section shall apply to States upon the expiration of the 120-
        day period beginning on the date of the enactment of this Act.
            (2) Delayed applicability for certain states.--In the case 
        of the State involved, if the Secretary determines that a 
        requirement established by subsection (a) cannot be implemented 
        in the State without the enactment of State legislation, then 
        such requirement applies to the State on and after the first 
        day of the first calendar quarter that begins after the close 
        of the first regular session of the State legislature that 
        begins after the date of the enactment of this Act. For 
        purposes of the preceding sentence, in the case of a State that 
        has a 2-year legislative session, each year of such session is 
        deemed to be a separate regular session of the State 
        legislature.
    (d) Definitions.--In this section:
            (1) HIV.--The term ``HIV'' means the human immunodeficiency 
        virus.
            (2) HIV disease.--The term ``HIV disease'' means infection 
        with HIV and includes any condition arising from such 
        infection.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
    (e) Rule of Construction.--Part D of title XXVI of the Public 
Health Service Act (42 U.S.C. 300ff-71 et seq.) is amended by inserting 
after section 2675 the following section:

``SEC. 2675A. RULE OF CONSTRUCTION.

    ``With respect to an entity that is an applicant for or a recipient 
of financial assistance under this title, compliance by the entity with 
any State law or regulation that is consistent with section 3 of the 
HIV Prevention Act of 1997 may not be considered to constitute a 
violation of any condition under this title for the receipt of such 
assistance.''.

SEC. 4. SENSE OF CONGRESS REGARDING INTENTIONAL TRANSMISSION OF HIV.

    It is the sense of Congress that the States should have in effect 
laws providing that, in the case of an individual who knows that he or 
she has HIV disease, it is a felony for the individual to infect 
another with HIV if the individual engages in the behaviors involved 
with the intent of so infecting the other individual.

SEC. 5. SENSE OF CONGRESS REGARDING CONFIDENTIALITY.

    It is the sense of the Congress that strict confidentiality should 
be maintained in carrying out the provisions of section 3 of the this 
Act.
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