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HIV/AIDS and the States: a look at laws passed in 1997.


 A review of developments in HIV policies and HIV legislation at the State level are organized by subject area including criminal exposure, HIV case reporting, injection drug use and harm reduction, occupational exposure, prisons, perinatal testing, testing policies, consent, viatification, and insurance. Florida, New Jersey, and Missouri imposed longer jail terms for HIV-positive people who continue to have sex. Other States are developing legislation to make intentionally infecting another person with HIV a felony, punishable by a prison term. New Mexico became the 28th State to initiate a name-based surveillance system for HIV cases and AIDS. Six States approved laws designed to reduce HIV infection that occurs as a result of needle sharing. Legislators in seven States expanded the range of workers who are able to ascertain the HIV status of people who exposed them to body fluids or blood in the line of duty. Laws that apply to HIV in the prison system were adopted in Washington, Louisiana, Colorado, Rhode Island, Arkansas, California, Tennessee, Maryland, and New York. These laws include testing of inmates and compassionate release for terminally ill patients. Arkansas, Tennessee, and Maryland joined the list of States that set policies for reducing perinatal HIV transmission. Maryland law requires counseling of pregnant women; Tennessee and Arkansas also require universal testing, unless the woman objects. Laws were passed in California and New Jersey to require the screening of donors to milk and semen banks, respectively. Several States approved bills that address end-of-life issues, including viatical settlements. North Dakota, California, Mississippi, and Virginia passed insurance-related laws.
