Frequently Asked Questions

Transforming systems and empowering communities to end HIV criminalization through strategic initiatives and grassroots advocacy.

What is HIV and AIDS?

HIV stands for human immunodeficiency virus, a virus that attacks your body’s immune system. Someone is “HIV positive” when they test positive for HIV, meaning they have HIV in their blood and other bodily fluids.AIDS stands for acquired immunodeficiency syndrome, which is the advanced stage of HIV disease. But because of effective treatments, not many people diagnosed with HIV today will ever progress to AIDS.

If someone doesn’t get tested until they are very sick, the HIV disease might have already progressed to AIDS. But in most cases, treatment can help restore their immune system so they only will have HIV. HIV and AIDS are not the same thing and should not be used interchangeably.

How is HIV transmitted?

The spread of HIV from one person to another is called HIV transmission. HIV is transmitted only by certain body fluids from a person who has untreated HIV. These body fluids include:

- Blood
- Semen
- Pre-seminal fluid
- Vaginal fluid
- Rectal fluid
- Breast milk

Is there a cure?

There is not yet a cure for HIV, but most people diagnosed today who are treated effectively will live as long as someone who does not have HIV. Antiretroviral Therapy, called ART, is recommended for everyone who has HIV. ART prevents HIV from multiplying, which reduces the amount of HIV in your body (called the viral load).

The less HIV in your body, the less damage to your immune system, and the less likely you will transmit HIV to your sex partners.The goal of ART is to reduce the amount of virus in your body to a level where it cannot be detected in your blood, which is called being “undetectable.”

What is undetectable?

An undetectable viral load means that the level of HIV in the blood is too low to be detected by a laboratory. People with HIV who maintain an undetectable viral load do not transmit HIV to their sex partners, a concept called U=U or Undetectable is Untransmittable.

Could my HIV positive test result be a mistake? Maybe I'm not really HIV positive!

Depending on the type of HIV test you had, there is a small chance that it will give what is called a “false positive.” To ensure your results are correct, you will get a confirmatory test where you will have blood drawn from your arm and sent to a lab to be certain.

If I have HIV, does that automatically mean that my partner(s) also has it?

No. Your partner will still need to be tested to see if they are HIV positive or negative. If they are negative, that doesn’t have to be the end of your relationship; reducing your viral load to undetectable and/or using condoms will protect your HIV negative partner. And if your partner can protect themselves from acquiring HIV by taking a medication called PrEP, or Pre-Exposure Prophylaxis.

When should I start treatment?

Usually, as soon as possible. Your counselor will work with you to get you the earliest appointment available for your initial labs to confirm your positive HIV test, and check your viral load, CD4 count (a measure of how strong your immune system is), and recommend the best treatment regimen for you.

How many of my former sex partners do I have to tell?

It is best to inform everyone you have had sexual contact with since the last time you were tested. If you have never been tested it is best to provide the information for as many people that you have had sex with that you can, so they can get tested as well. Notifying previous sexual partners can be done by you, your counselor, or by the department of health. If your counselor or the health department does this, they just advise the person they might have been exposed and recommend they get tested, they do not disclose your name.

What if I don't have insurance? Or if I don't have enough insurance?

If you are not insured, nearly every state has a program to pay for medications and lab work, depending on your income. If you don’t have enough insurance, other programs you may qualify for will help ensure you have enough coverage. Your counselor will help link you to care.

Still have questions?

What is HIV Criminalization?

HIV Criminalization is the inappropriate arrest or prosecution of people living with HIV for alleged non-disclosure of their HIV status, potential or perceived HIV exposure, or non-intentional HIV transmission.

Don’t we want to punish people who spread HIV?

No. Criminalization based on one’s HIV status is wrong. Having a health condition should not have consequences.

Why do these laws exist?

Many of these laws were enacted before much was understood about HIV. The federal government provided funding to states that put these laws in place. It was thought that these laws would prevent HIV transmission, but decades later HIV is still relevant as ever.

Why are there laws for HIV but not other diseases?

Actually, several other health conditions are criminalized. In addition to HIV, many states have laws targeting Hepatitis B, Hepatitis C, tuberculosis, and, rarely, other sexually transmitted infections.

What if HIV isn’t transmitted?

Most instances of HIV criminalization do not involve actual transmission, but based on potential or perceived HIV exposure. Often acts that pose no risk of transmission are enough to criminalize a person living with HIV.

Is it illegal to have HIV or to have sex if you have HIV?

No. However, in some states it is a legal requirement to disclose one’s positive HIV status before engaging in sexual activity. Unfortunately, it can be difficult to prove someone actually disclosed. And with decades of fearmongering, the burden of proof is placed upon the person living with HIV.

Still have questions?

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