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Virginia State Laws About HIV

The Commonwealth of Virginia has several laws that deal specifically with topics related to the human immunodeficiency virus (HIV). The areas include criminal law, public health, insurance, prenatal care, property, occupational exposure and education.

  1. Crimes

    • According to the Code of Virginia, it is a crime for someone who is HIV positive to intentionally transmit the infection to someone else via sexual intercourse, oral sex or anal sex. In doing so, the transmitter can be charged with "infected sexual battery," a Class 6 felony.

      It is also a crime for someone who is HIV positive to have sexual intercourse, oral sex or anal sex with a partner without informing the the person about the infection. The transmitter can be charged with "infected sexual battery," a Class 1 misdemeanor.

    Public Health

    • The Board of Health of the Commonwealth of Virginia is required to set up and maintain four education-oriented HIV early intervention centers to provide expanded medical care and support services for persons who are HIV positive.

      The Board of Medical Assistance Services of the Commonwealth of Virginia is required to establish a health insurance premium assistance program for persons who are HIV positive as part of the federal Ryan White Comprehensive AIDS Resources Emergency CARE Act.

      Also, the Board of Health is required to establish protocols for ensuring the any sperm or ova donor at a fertility clinic is tested for HIV.

    Insurance

    • Insurance companies must follow guidelines set by the state Bureau of Insurance when they require disclosure of a policyholder's HIV status.

    Prenatal Care

    • The U.S. Centers for Disease Control and Prevention recommends that all pregnant women be tested for HIV, and the Code of Virginia incorporates this rule. However, the law does allow women to opt-out of the test.

    Realty

    • A landowner or real estate agent is not required to disclose that a person who was HIV positive previously occupied a property on the market for sale or lease. However, a buyer who independently finds out such information can immediately terminate the contract.

    Occupational Exposure

    • Any law enforcement officer in the Commonwealth of Virginia who becomes HIV positive in the line of duty may receive total or partial disability.

    Education

    • The Board of Education is required to create and implement a comprehensive, sequential family life education curriculum in grades K-12. HIV is one of many topics that the curriculum must cover.

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