
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-345 Section 301(a)]
[CITE: 42USC300ff-47]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
            SUBCHAPTER XXIV--HIV HEALTH CARE SERVICES PROGRAM
 
                   Part C--Early Intervention Services
 
                  subpart i--formula grants for states
 
Sec. 300ff-47. Requirement of State law protection against 
        intentional transmission
        

(a) In general

    The Secretary may not make a grant under section 300ff-41 of this 
title to a State unless the chief executive officer determines that the 
criminal laws of the State are adequate to prosecute any HIV infected 
individual, subject to the condition described in subsection (b) of this 
section, who--
        (1) makes a donation of blood, semen, or breast milk, if the 
    individual knows that he or she is infected with HIV and intends, 
    through such donation, to expose another to HIV in the event that 
    the donation is utilized;
        (2) engages in sexual activity if the individual knows that he 
    or she is infected with HIV and intends, through such sexual 
    activity, to expose another to HIV; and
        (3) injects himself or herself with a hypodermic needle and 
    subsequently provides the needle to another person for purposes of 
    hypodermic injection, if the individual knows that he or she is 
    infected and intends, through the provision of the needle, to expose 
    another to such etiologic agent in the event that the needle is 
    utilized.

(b) Consent to risk of transmission

    The State laws described in subsection (a) of this section need not 
apply to circumstances under which the conduct described in paragraphs 
(1) through (3) of subsection (a) of this section if the individual who 
is subjected to the behavior involved knows that the other individual is 
infected and provides prior informed consent to the activity.

(c) State certification with respect to required laws

    With respect to complying with subsection (a) of this section as a 
condition of receiving a grant under section 300ff-41 of this title, the 
Secretary may not require a State to enact any statute, or to issue any 
regulation, if the chief executive officer of the State certifies to the 
Secretary that the laws of the State are adequate. The existence of a 
criminal law of general application, which can be applied to the conduct 
described in paragraphs (1) through (3) of subsection (a) of this 
section, is sufficient for compliance with this section.

(d) Time limitations with respect to required laws

    With respect to receiving a grant under section 300ff-41 of this 
title, if a State is unable to certify compliance with subsection (a) of 
this section, the Secretary may make a grant to a State under such 
section if--
        (1) for each of the fiscal years 1991 and 1992, the State 
    provides assurances satisfactory to the Secretary that by not later 
    than October 1, 1992, the State will have in place or will establish 
    the prohibitions described in subsection (a) of this section; and
        (2) for fiscal year 1993 and subsequent fiscal years, the State 
    has established such prohibitions.

(July 1, 1944, ch. 373, title XXVI, Sec. 2647, as added Pub. L. 101-381, 
title III, Sec. 301(a), Aug. 18, 1990, 104 Stat. 603; amended Pub. L. 
101-502, Sec. 6(c), Nov. 3, 1990, 104 Stat. 1291; Pub. L. 104-146, 
Sec. 12(c)(4), May 20, 1996, 110 Stat. 1373.)


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-146, Sec. 12(c)(4)(A), which 
directed insertion of ``to'' before ``HIV'', was executed by making the 
insertion before ``HIV'' the second time appearing to reflect the 
probable intent of Congress.
    Subsec. (c). Pub. L. 104-146, Sec. 12(c)(4)(B), substituted 
``section 300ff-41'' for ``section 300ff-11''.
    Subsec. (d). Pub. L. 104-146, Sec. 12(c)(4)(C)(i), substituted 
``section 300ff-41'' for ``section 300ff-11'' in introductory 
provisions.
    Subsec. (d)(1). Pub. L. 104-146, Sec. 12(c)(4)(C)(ii), substituted 
``will have in place'' for ``has in place''.
    1990--Subsec. (c). Pub. L. 101-502 inserted ``certifies to the 
Secretary that the laws of the State'' before ``are adequate'' in first 
sentence and substituted ``subsection (a) of this section,'' for 
``subsection (a) of this section'' in second sentence.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-146 effective Oct. 1, 1996, see section 13 
of Pub. L. 104-146, set out as a note under section 300ff-11 of this 
title.
