(a) A positive HIV test report, or the diagnosis of AIDS related complex (ARC), or
the diagnosis of the AIDS syndrome or disease, may not constitute a basis upon which
to deny the individual so diagnosed, access to quality health care: Provided, That
this subsection does not apply to insurance.
(b) No student of any school or institution of higher learning, public or private,
may be excluded from attending the school or institution of higher learning, or from
participating in school sponsored activities, on the basis of a positive HIV test,
or a diagnosis of ARC, or AIDS syndrome or disease. Exclusion from attendance or participation, as described above, shall be determined
on a case by case basis, in consultation with the individual's parents, medical care
provider, health authorities, school or institution administrators or medical advisors,
in accordance with policies and guidelines which may have been established by the
entities. Exclusion may only be based on the student representing an unacceptable risk as
agreed to by the department for the transmission of the HIV to others because of the
stage or nature of the illness.
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