This page provides an introduction to legislation in Pennsylvania and on the federal level (to be added soon) enacted in response to the HIV/AIDS epidemic.

Pennsylvania Legislation

Act 148 – Confidentiality of HIV-Related Information Act

In 1990, the Pennsylvania General Assembly first responded to the HIV/AIDS epidemic with Act 148, which requires written, informed consent for HIV testing and imposes confidentiality protections for HIV-related information held by health care and social service providers. State and federal HIV testing and confidentiality laws are covered in depth in AIDS and the Law, Chapter 2.

Bloodborne Pathogen Standard Act

Imposes the federal OSHA blood-borne pathogens safety standard on public employers in the Commonwealth of Pennsylvania. Employees of such employers are not directly covered under the federal Occupational Safety Act, thus this legislation extends that federal safety standard to those employees. Workplace safety standards in regard to HIV are covered in depth in AIDS and the Law, Chapter 3.

HIV Testing of Certain Convicted Offenders

As required by federal law, the General Assembly authorized HIV testing of sex offenders upon conviction. This testing provision is an exception to the informed consent requirements of Act 148. Mandatory pre- and post-conviction HIV testing of criminal defendants is covered in depth in AIDS and the Law, Chapter 7.

Criminal Penalties for Attempted Exposure to Human Immunodeficiency Virus (HIV) by Prison Inmates

Although there are no documented cases of HIV transmission from prison inmates to corrections personnel, this piece of legislation was adopted in 1995. This statute criminalizes behavior that in many instances does not pose a risk of HIV transmission. Criminal offenses involving assaults on corrections personnel are covered in AIDS and the Law, Chapter 7.

Sentencing Enhancement for Persons with HIV Convicted of Prostitution Offenses

Prostitution was already a crime in Pennsylvania when this statute was enacted, so it’s questionable whether enhancing penalties for those with HIV who are convicted of prostitution offenses would have much deterrent effect. Even worse, this statute enhances penalties without regard to whether the sexual activity posed any risk of HIV transmission.  Sentencing issues for criminal defendants with HIV are covered in AIDS and the Law, Chapter 7.