
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300dd-32]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
    SUBCHAPTER XXII--HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE 
                           DEFICIENCY SYNDROME
 
                      Part C--Other Health Services
 
Sec. 300dd-32. Requirement of provision of certain counseling 
        services
        

(a) Counseling before testing

    The Secretary may not make a grant under section 300dd-31 of this 
title to a State unless the State agrees that, before testing an 
individual pursuant to such section, the State will provide to the 
individual appropriate counseling with respect to acquired immune 
deficiency syndrome (based on the most recent scientific data relating 
to such syndrome), including--
        (1) measures for the prevention of exposure to, and the 
    transmission of, the etiologic agent for such syndrome;
        (2) the accuracy and reliability of the results of such testing;
        (3) the significance of the results of such testing, including 
    the potential for developing acquired immune deficiency syndrome; 
    and
        (4) encouraging individuals, as appropriate, to undergo testing 
    for such etiologic agent and providing information on the benefits 
    of such testing.

(b) Counseling of individuals with negative test results

    The Secretary may not make a grant under section 300dd-31 of this 
title to a State unless the State agrees that, if the results of testing 
conducted pursuant to such section indicate that an individual is not 
infected with the etiologic agent for acquired immune deficiency 
syndrome, the State will review for the individual the information 
provided pursuant to subsection (a) of this section with respect to such 
syndrome, including--
        (1) the information described in paragraphs (1) through (3) of 
    such subsection; and
        (2) the appropriateness of further counseling, testing, and 
    education of the individual with respect to acquired immune 
    deficiency syndrome.

(c) Counseling of individuals with positive test results

    The Secretary may not make a grant under section 300dd-31 of this 
title to a State unless the State agrees that, if the results of testing 
conducted pursuant to such section indicate that an individual is 
infected with the etiologic agent for acquired immune deficiency 
syndrome, the State will provide to the individual appropriate 
counseling with respect to such syndrome, including--
        (1) reviewing the information described in paragraphs (1) 
    through (3) of subsection (a) of this section;
        (2) reviewing the appropriateness of further counseling, 
    testing, and education of the individual with respect to acquired 
    immune deficiency syndrome;
        (3) the importance of not exposing others to the etiologic agent 
    for acquired immune deficiency syndrome;
        (4) the availability in the geographic area of any appropriate 
    services with respect to health care, including mental health care 
    and social and support services;
        (5) the benefits of locating and counseling any individual by 
    whom the infected individual may have been exposed to the etiologic 
    agent for acquired immune deficiency syndrome and any individual 
    whom the infected individual may have exposed to such etiologic 
    agent; and
        (6) the availability, if any, of the services of public health 
    authorities with respect to locating and counseling any individual 
    described in paragraph (5).

(d) Rule of construction with respect to counseling without testing

    Agreements entered into pursuant to subsections (a) through (c) of 
this section may not be construed to prohibit any grantee under section 
300dd-31 of this title from expending the grant for the purpose of 
providing counseling services described in such subsections to an 
individual who will not undergo testing described in such section as a 
result of the grantee or the individual determining that such testing of 
the individual is not appropriate.

(e) Use of funds

    (1) The purpose of this subpart \1\ is to provide for counseling and 
testing services to prevent and reduce exposure to, and transmission of, 
the etiologic agent for acquired immune deficiency syndrome.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``part''.
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    (2) All individuals receiving counseling pursuant to this subpart 
\1\ are to be counseled about the harmful effects of promiscuous sexual 
activity and intravenous substance abuse, and the benefits of abstaining 
from such activities.
    (3) None of the fund appropriated to carry out this subpart \1\ may 
be used to provide counseling that is designed to promote or encourage, 
directly, homosexual or heterosexual sexual activity or intravenous drug 
abuse.
    (4) Paragraph (3) may not be construed to prohibit a counselor who 
has already performed the counseling of an individual required by 
paragraph (2), to provide accurate information about means to reduce an 
individual's risk of exposure to, or the transmission of, the etiologic 
agent for acquired immune deficiency syndrome, provided that any 
informational materials used are not obscene.

(July 1, 1944, ch. 373, title XXIV, Sec. 2432, as added Pub. L. 100-607, 
title II, Sec. 211, Nov. 4, 1988, 102 Stat. 3090; amended Pub. L. 100-
690, title II, Sec. 2618(i), Nov. 18, 1988, 102 Stat. 4242; Pub. L. 102-
321, title I, Sec. 118(b)(1)(B), July 10, 1992, 106 Stat. 348.)


                               Amendments

    1992--Subsec. (a). Pub. L. 102-321, which directed the substitution 
of ``part'' for ``subpart'' wherever appearing in subsec. (a), could not 
be executed because the word ``subpart'' does not appear in subsec. (a).
    1988--Subsec. (c). Pub. L. 100-690, Sec. 2618(i)(1), substituted 
``indicate that an individual'' for ``indicate that the individual'' in 
introductory provisions and ``paragraph (5)'' for ``paragraph (4)'' in 
par. (6).
    Subsec. (e)(1) to (3). Pub. L. 100-690, Sec. 2618(i)(2), substituted 
``subpart'' for ``part''.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with provision 
for programs providing financial assistance, see section 801(c), (d) of 
Pub. L. 102-321, set out as a note under section 236 of this title.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-690 effective immediately after enactment 
of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600 of 
Pub. L. 100-690, set out as a note under section 242m of this title.
