
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: 42USC300ee-2]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
   SUBCHAPTER XXIII--PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME
 
Sec. 300ee-2. Information for health and public safety workers


(a) Development and dissemination of guidelines

    Not later than 90 days after November 4, 1988, the Secretary of 
Health and Human Services (hereafter in this section referred to as the 
``Secretary''), acting through the Director of the Centers for Disease 
Control and Prevention, shall develop, issue, and disseminate emergency 
guidelines to all health workers and public safety workers (including 
emergency response employees) in the United States concerning--
        (1) methods to reduce the risk in the workplace of becoming 
    infected with the etiologic agent for acquired immune deficiency 
    syndrome; and
        (2) circumstances under which exposure to such etiologic agent 
    may occur.

(b) Use in occupational standards

    The Secretary shall transmit the guidelines issued under subsection 
(a) of this section to the Secretary of Labor for use by the Secretary 
of Labor in the development of standards to be issued under the 
Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.].

(c) Development and dissemination of model curriculum for emergency 
        response employees

    (1) Not later than 90 days after November 4, 1988, the Secretary, 
acting through the Director of the Centers for Disease Control and 
Prevention, shall develop a model curriculum for emergency response 
employees with respect to the prevention of exposure to the etiologic 
agent for acquired immune deficiency syndrome during the process of 
responding to emergencies.
    (2) In carrying out paragraph (1), the Secretary shall consider the 
guidelines issued by the Secretary under subsection (a) of this section.
    (3) The model curriculum developed under paragraph (1) shall, to the 
extent practicable, include--
        (A) information with respect to the manner in which the 
    etiologic agent for acquired immune deficiency syndrome is 
    transmitted; and
        (B) information that can assist emergency response employees in 
    distinguishing between conditions in which such employees are at 
    risk with respect to such etiologic agent and conditions in which 
    such employees are not at risk with respect \1\ such etiologic 
    agent.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``respect to''.

    (4) The Secretary shall establish a task force to assist the 
Secretary in developing the model curriculum required in paragraph (1). 
The Secretary shall appoint to the task force representatives of the 
Centers for Disease Control and Prevention, representatives of State 
governments, and representatives of emergency response employees.
    (5) The Secretary shall--
        (A) transmit to State public health officers copies of the 
    guidelines and the model curriculum developed under paragraph (1) 
    with the request that such officers disseminate such copies as 
    appropriate throughout the State; and
        (B) make such copies available to the public.

(Pub. L. 100-607, title II, Sec. 253, Nov. 4, 1988, 102 Stat. 3108; Pub. 
L. 100-690, title II, Sec. 2602(c), Nov. 18, 1988, 102 Stat. 4234; Pub. 
L. 102-531, title III, Sec. 312(e)(3), Oct. 27, 1992, 106 Stat. 3506.)

                       References in Text

    The Occupational Safety and Health Act of 1970, referred to in 
subsec. (b), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as 
amended, which is classified principally to chapter 15 (Sec. 651 et 
seq.) of Title 29, Labor. For complete classification of this Act to the 
Code, see Short Title note set out under section 651 of Title 29 and 
Tables.

                          Codification

    Section was enacted as part of the AIDS Amendments of 1988 and as 
part of the Health Omnibus Programs Extension of 1988, and not as part 
of the Public Health Service Act which comprises this chapter.


                               Amendments

    1992--Subsecs. (a), (c)(1), (4). Pub. L. 102-531 substituted 
``Centers for Disease Control and Prevention'' for ``Centers for Disease 
Control''.
    1988--Subsec. (a). Pub. L. 100-690 substituted ``health workers and 
public safety workers'' for ``health workers, public safety workers''.


                    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.


Guidelines for Prevention of Transmission of Human Immunodeficiency and 
             Hepatitis B Viruses During Invasive Procedures

    Pub. L. 102-141, title VI, Sec. 633, Oct. 28, 1991, 105 Stat. 876, 
provided that: ``Notwithstanding any other provision of law, each State 
Public Health Official shall, not later than one year after the date of 
enactment of this Act [Oct. 28, 1991], certify to the Secretary of 
Health and Human Services that guidelines issued by the Centers for 
Disease Control, or guidelines which are equivalent to those promulgated 
by the Centers for Disease Control concerning recommendations for 
preventing the transmission of the human immunodeficiency virus and the 
hepatitis B virus during exposure prone invasive procedures, except for 
emergency situations when the patient's life or limb is in danger, have 
been instituted in the State. State guidelines shall apply to health 
professionals practicing within the State and shall be consistent with 
Federal law. Compliance with such guidelines shall be the responsibility 
of the State Public Health Official. Said responsibilities shall include 
a process for determining what appropriate disciplinary or other actions 
shall be taken to ensure compliance. If such certification is not 
provided under this section within the one-year period, the State shall 
be ineligible to receive assistance under the Public Health Service Act 
(42 U.S.C. 301 [201] et seq.) until such certification is provided, 
except that the Secretary may extend the time period for a State, upon 
application of such State, that additional time is required for 
instituting said guidelines.''
    [Centers for Disease Control changed to Centers for Disease Control 
and Prevention by Pub. L. 102-531, title III, Sec. 312, Oct. 27, 1992, 
106 Stat. 3504.]

                  Section Referred to in Other Sections

    This section is referred to in sections 300ee-12, 300ff-80 of this 
title.
