
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(b)(2)]
[Document affected by Public Law 106-345 Section 301(b)(1)]
[CITE: 42USC300ff-61]

 
                 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 iii--general provisions
 
Sec. 300ff-61. Confidentiality and informed consent


(a) Confidentiality

    The Secretary may not make a grant under this part unless--
        (1) in the case of any State applying for a grant under section 
    300ff-41 of this title, the State agrees to ensure that information 
    regarding the receipt of early intervention services is maintained 
    confidentially pursuant to law or regulations in a manner not 
    inconsistent with applicable law; and
        (2) in the case of any entity applying for a grant under section 
    300ff-51 of this title, the entity agrees to ensure that information 
    regarding the receipt of early intervention services pursuant to the 
    grant is maintained confidentially in a manner not inconsistent with 
    applicable law.

(b) Informed consent

                           (1) In general

        The Secretary may not make a grant under this part unless the 
    applicant for the grant agrees that, in testing an individual for 
    HIV disease, the applicant will test an individual only after 
    obtaining from the individual a statement, made in writing and 
    signed by the individual, declaring that the individual has 
    undergone the counseling described in section 300ff-62(a) of this 
    title and that the decision of the individual with respect to 
    undergoing such testing is voluntarily made.

             (2) Provisions regarding anonymous testing

        (A) If, pursuant to section 300ff-64(b) of this title, an 
    individual will undergo testing pursuant to this part through the 
    use of a pseudonym, a grantee under such section shall be considered 
    to be in compliance with the agreement made under paragraph (1) if 
    the individual signs the statement described in such subsection 
    using the pseudonym.
        (B) If, pursuant to section 300ff-64(b) of this title, an 
    individual will undergo testing pursuant to this part without 
    providing any information relating to the identity of the 
    individual, a grantee under such section shall be considered to be 
    in compliance with the agreement made under paragraph (1) if the 
    individual orally provides the declaration described in such 
    paragraph.

(July 1, 1944, ch. 373, title XXVI, Sec. 2661, as added Pub. L. 101-381, 
title III, Sec. 301(a), Aug. 18, 1990, 104 Stat. 609.)

                  Section Referred to in Other Sections

    This section is referred to in section 300ff-63 of this title.
