Q. When/where is mandatory testing allowed?

A. Mandatory testing is allowed:

• HIV Antibody testing is required in the U.S. Armed Forces and in most correctional facilities. (11)
• New York State requires that all newborns be tested and the results be given to the mother. (12)
• The U.S. Government requires HIV testing of immigrants and foreign service personnel entering the United States. (11)
• Athletic commissions in Arizona, Maryland, New York, Nevada, Oregon and Washington require boxers to be tested for HIV before fighting. (13)
• Missouri, Texas and Wisconsin have mandatory testing of patients in mental health facilities. (14)
• At least 44 states and the District of Columbia mandate or authorize HIV testing for charged or convicted sex offenders. (14)
• Nine states (Colorado, Florida, Georgia, Illinois, Kentucky, Missouri, Rhode Island, Utah, and West Virginia) have laws mandating HIV testing of individuals convicted of prostitution. (15)
• Three states (Colorado, Florida, and Utah) have laws which mandate that individuals who solicit or patronize prostitutes be tested for HIV. (15)

State laws are subject to change. Call the CDC National AIDS Clearinghouse or the organizations listed below for the most up-to-date information.

AIDS Literature & Law Review
University Publishing Group
107 E. Church St.
Frederick, MD 21701
1-800-654-8188

AIDS Policy and Law
Buraff Publications
747 Dresher Rd., Suite 500
Horsham, PA 19044-0980
(215) 784-0860

Q. What is the position of the CDC regarding mandatory testing?

A. The CDC does not recommend mandatory HIV testing of individuals for several reasons. Although tests for HIV are highly accurate, persons who have recently been infected with HIV can test HIV negative (see Accuracy of Tests). This situation may create a false sense of security, making people less willing to use the protective behaviors necessary to prevent HIV transmission to other persons. Also, widespread mandatory testing is expensive and difficult to manage, and has the potential to violate the civil rights and confidentiality of infected persons.