
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 321]
[CITE: 42USC300ff-62]

 
                 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-62. Provision of certain counseling services


(a) Counseling before testing

    The Secretary may not make a grant under this part unless the 
applicant for the grant agrees that, before testing an individual for 
HIV disease, the applicant will provide to the individual appropriate 
counseling regarding the disease (based on the most recently available 
scientific data), including counseling on--
        (1) measures for the prevention of exposure to, and the 
    transmission of, HIV;
        (2) the accuracy and reliability of the results of testing for 
    HIV disease;
        (3) the significance of the results of such testing, including 
    the potential for developing acquired immune deficiency syndrome;
        (4) encouraging the individual, as appropriate, to undergo such 
    testing;
        (5) the benefits of such testing, including the medical benefits 
    of diagnosing HIV disease in the early stages and the medical 
    benefits of receiving early intervention services during such 
    stages;
        (6) provisions of law relating to the confidentiality of the 
    process of receiving such services, including information regarding 
    any disclosures that may be authorized under applicable law and 
    information regarding the availability of anonymous counseling and 
    testing pursuant to section 300ff-64(b) of this title; and
        (7) provisions of applicable law relating to discrimination 
    against individuals with HIV disease.

(b) Counseling of individuals with negative test results

    The Secretary may not make a grant under this part unless the 
applicant for the grant agrees that, if the results of testing conducted 
for HIV disease indicate that an individual does not have the disease, 
the applicant will review for the individual the information provided 
pursuant to subsection (a) of this section, 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 regarding such disease.

(c) Counseling of individuals with positive test results

    The Secretary may not make a grant under this part unless the 
applicant for the grant agrees that, if the results of testing for HIV 
disease indicate that the individual has the disease, the applicant will 
provide to the individual appropriate counseling regarding such disease, 
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 regarding such disease; and
        (3) providing counseling on--
            (A) the availability, through the applicant, of early 
        intervention services;
            (B) the availability in the geographic area of appropriate 
        health care, mental health care, and social and support 
        services, including providing referrals for such services, as 
        appropriate;
            (C) the benefits of locating and counseling any individual 
        by whom the infected individual may have been exposed to HIV and 
        any individual whom the infected individual may have exposed to 
        HIV; and
            (D) the availability of the services of public health 
        authorities with respect to locating and counseling any 
        individual described in subparagraph (C).

(d) Additional requirements regarding appropriate counseling

    The Secretary may not make a grant under this part unless the 
applicant for the grant agrees that, in counseling individuals with 
respect to HIV disease, the applicant will ensure that the counseling is 
provided under conditions appropriate to the needs of the individuals.

(e) Counseling of emergency response employees

    The Secretary may not make a grant under this part to a State unless 
the State agrees that, in counseling individuals with respect to HIV 
disease, the State will ensure that, in the case of emergency response 
employees, the counseling is provided to such employees under conditions 
appropriate to the needs of the employees regarding the counseling.

(f) Rule of construction regarding counseling without testing

    Agreements made pursuant to this section may not be construed to 
prohibit any grantee under this part from expending the grant for the 
purpose of providing counseling services described in this section to an 
individual who does not undergo testing for HIV disease as a result of 
the grantee or the individual determining that such testing of the 
individual is not appropriate.

(July 1, 1944, ch. 373, title XXVI, Sec. 2662, as added Pub. L. 101-381, 
title III, Sec. 301(a), Aug. 18, 1990, 104 Stat. 610.)

                  Section Referred to in Other Sections

    This section is referred to in sections 300ff-41, 300ff-48, 300ff-
51, 300ff-61, 300ff-63 of this title.
