
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7333]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
 CHAPTER 73--VETERANS HEALTH ADMINISTRATION--ORGANIZATION AND FUNCTIONS
 
              SUBCHAPTER III--PROTECTION OF PATIENT RIGHTS
 
Sec. 7333. Nondiscrimination against alcohol and drug abusers 
        and persons infected with the human immunodeficiency virus
        
    (a) Veterans eligible for treatment under chapter 17 of this title 
who are alcohol or drug abusers or who are infected with the human 
immunodeficiency virus shall not be discriminated against in admission 
or treatment by any Department health-care facility solely because of 
their alcohol or drug abuse or dependency or because of their viral 
infection.
    (b) The Secretary shall prescribe regulations for the enforcement of 
this section. Such regulations, with respect to the admission and 
treatment of such veterans who are alcohol or drug abusers, shall be 
prescribed in accordance with section 7334 of this title.

(Added Pub. L. 94-581, title I, Sec. 111(a)(1), Oct. 21, 1976, 90 Stat. 
2850, Sec. 4133; amended Pub. L. 100-322, title I, Sec. 122(a), May 20, 
1988, 102 Stat. 503; renumbered Sec. 7333 and amended Pub. L. 102-40, 
title IV, Secs. 401(a)(4)(A), 402(d)(1), 403(a)(1), (2), May 7, 1991, 
105 Stat. 221, 239.)


                               Amendments

    1991--Pub. L. 102-40, Sec. 401(a)(4)(A), renumbered section 4133 of 
this title as this section.
    Subsec. (a). Pub. L. 102-40, Sec. 403(a)(2), substituted 
``Department'' for ``Veterans' Administration''.
    Subsec. (b). Pub. L. 102-40, Secs. 402(d)(1), 403(a)(1), substituted 
``Secretary'' for ``Administrator'' and ``7334'' for ``4134''.
    1988--Pub. L. 100-322 substituted ``Nondiscrimination against 
alcohol and drug abusers and persons infected with the human 
immunodeficiency virus'' for ``Nondiscrimination in the admission of 
alcohol and drug abusers to Veterans' Administration health care 
facilities'' as section catchline, and amended text generally. Prior to 
amendment, text read as follows: ``Veterans eligible for treatment under 
chapter 17 of this title who are alcohol or drug abusers and who are 
suffering from medical disabilities shall not be discriminated against 
in admission or treatment, solely because of their alcohol or drug abuse 
or dependence, by any Veterans' Administration health care facility. The 
Administrator, pursuant to the provisions of section 4134 of this title, 
shall prescribe regulations for the enforcement of this 
nondiscrimination policy with respect to the admission and treatment of 
such eligible veterans who are alcohol or drug abusers.''


 Restriction on Testing for Infection With Human Immunodeficiency Virus

    Section 124 of Pub. L. 100-322, as amended by Pub. L. 102-83, 
Sec. 6(j)(3), Aug. 6, 1991, 105 Stat. 409, provided that:
    ``(a) General Rule.--Except as provided in subsection (b), the 
Secretary of Veterans Affairs may not during any fiscal year conduct a 
widespread testing program to determine infection of humans with the 
human immunodeficiency virus unless funds have been appropriated to the 
Department of Veterans Affairs specifically for such a program during 
that fiscal year.
    ``(b) Voluntary Testing.--(1) The Secretary shall provide for a 
program under which the Department of Veterans Affairs offers each 
patient to whom the Department is furnishing health care or services and 
who is described in paragraph (2) the opportunity to be tested to 
determine whether such patient is infected with the human 
immunodeficiency virus.
    ``(2) Patients referred to in paragraph (1) are--
        ``(A) patients who are receiving treatment for intravenous drug 
    abuse,
        ``(B) patients who are receiving treatment for a disease 
    associated with the human immunodeficiency virus, and
        ``(C) patients who are otherwise at high risk for infection with 
    such virus.
    ``(3) Subject to the consent requirement in paragraph (4) and unless 
medically contraindicated, the test shall be administered to each 
patient requesting to be tested for infection with such virus.
    ``(4) A test may not be conducted under this subsection without the 
prior informed and separate written consent of the patient tested. The 
Secretary shall provide pre- and post-test counseling regarding the 
acquired immune deficiency syndrome and the test to each patient who is 
administered the test.''

                  Section Referred to in Other Sections

    This section is referred to in section 7334 of this title.
