
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300y-11]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                      SUBCHAPTER XVII--BLOCK GRANTS
 
           Part C--Certain Programs Regarding Substance Abuse
 
    subpart ii--interim maintenance treatment of narcotics dependence
 
Sec. 300y-11. Interim maintenance treatment


(a) Requirement regarding Secretary

    Subject to the following subsections of this section, for the 
purpose of reducing the incidence of the transmission of HIV disease 
pursuant to the intravenous abuse of heroin or other morphine-like 
drugs, the Secretary, in establishing conditions for the use of 
methadone in public or nonprofit private programs of treatment for 
dependence on such drugs, shall authorize such programs--
        (1) to dispense methadone for treatment purposes to individuals 
    who--
            (A) meet the conditions for admission to such programs that 
        dispense methadone as part of comprehensive treatment for such 
        dependence; and
            (B) are seeking admission to such programs that so dispense 
        methadone, but as a result of the limited capacity of the 
        programs, will not gain such admission until 14 or more days 
        after seeking admission to the programs; and

        (2) in dispensing methadone to such individuals, to provide only 
    minimum ancillary services during the period in which the 
    individuals are waiting for admission to programs of comprehensive 
    treatment.

(b) Inapplicability of requirement in certain circumstances

                           (1) In general

        The requirement established in subsection (a) of this section 
    for the Secretary does not apply if any or all of the following 
    conditions are met:
            (A) The preponderance of scientific research indicates that 
        the risk of the transmission of HIV disease pursuant to the 
        intravenous abuse of drugs is minimal.
            (B) The preponderance of scientific research indicates that 
        the medically supervised dispensing of methadone is not an 
        effective method of reducing the extent of dependence on heroin 
        and other morphine-like drugs.
            (C) The preponderance of available data indicates that, of 
        treatment programs that dispense methadone as part of 
        comprehensive treatment, a substantial majority admit all 
        individuals seeking services to the programs not later than 14 
        days after the individuals seek admission to the programs.

                     (2) Evaluation by Secretary

        In evaluating whether any or all of the conditions described in 
    paragraph (1) have been met, the Secretary shall consult with the 
    National Commission on Acquired Immune Deficiency Syndrome.

(c) Conditions for obtaining authorization from Secretary

                           (1) In general

        In carrying out the requirement established in subsection (a) of 
    this section, the Secretary shall, after consultation with the 
    National Commission on Acquired Immune Deficiency Syndrome, by 
    regulation issue such conditions for treatment programs to obtain 
    authorization from the Secretary to provide interim maintenance 
    treatment as may be necessary to carry out the purpose described in 
    such subsection. Such conditions shall include conditions for 
    preventing the unauthorized use of methadone.

                    (2) Counseling on HIV disease

        The regulations issued under paragraph (1) shall provide that an 
    authorization described in such paragraph may not be issued to a 
    treatment program unless the program provides to recipients of the 
    treatment counseling on preventing exposure to and the transmission 
    of HIV disease.

          (3) Permission of relevant State as condition of 
                                authorization

        The regulations issued under paragraph (1) shall provide that 
    the Secretary may not provide an authorization described in such 
    paragraph to any treatment program in a State unless the chief 
    public health officer of the State has certified to the Secretary 
    that--
            (A) such officer does not object to the provision of such 
        authorizations to treatment programs in the State; and
            (B) the provision of interim maintenance services in the 
        State will not reduce the capacity of comprehensive treatment 
        programs in the State to admit individuals to the programs 
        (relative to the date on which such officer so certifies).

      (4) Date certain for issuance of regulations; failure of 
                                  Secretary

        The Secretary shall issue the final rule for purposes of the 
    regulations required in paragraph (1), and such rule shall be 
    effective, not later than the expiration of the 180-day period 
    beginning on July 10, 1992. If the Secretary fails to meet the 
    requirement of the preceding sentence, the proposed rule issued on 
    March 2, 1989, with respect to part 291 of title 21, Code of Federal 
    Regulations (docket numbered 88N-0444; 54 Fed. Reg. 8973 et seq.) is 
    deemed to take effect as a final rule upon the expiration of such 
    period, and the provisions of paragraph (3) of this subsection are 
    deemed to be incorporated into such rule.

(d) Definitions

    For purposes of this section:
        (1) The term ``interim maintenance services'' means the 
    provision of methadone in a treatment program under the 
    circumstances described in paragraphs (1) and (2) of subsection (a) 
    of this section.
        (2) The term ``HIV disease'' means infection with the etiologic 
    agent for acquired immune deficiency syndrome.
        (3) The term ``treatment program'' means a public or nonprofit 
    private program of treatment for dependence on heroin or other 
    morphine-like drugs.

(July 1, 1944, ch. 373, title XIX, Sec. 1976, as added Pub. L. 102-321, 
title II, Sec. 204, July 10, 1992, 106 Stat. 412.)


                            Prior Provisions

    A prior section 300y-11, act July 1, 1944, ch. 373, title XIX, 
Sec. 1932, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 
Stat. 559; amended Jan. 4, 1983, Pub. L. 97-414, Sec. 8(v), 96 Stat. 
2063, related to applicability of other provisions and promulgation of 
regulations, prior to repeal by Pub. L. 99-280, Sec. 5, Apr. 24, 1986, 
100 Stat. 400.
    Sections 300y-21 to 300y-27 terminated Jan. 1, 1991, pursuant to 
section 300y-27 and were omitted from the Code.
    Section 300y-21, act July 1, 1944, ch. 373, title XIX, Sec. 1931, as 
added Nov. 4, 1988, Pub. L. 100-607, title IV, Sec. 408(a), 102 Stat. 
3117, provided definitions for this part.
    A prior section 1931 of act July 1, 1944, ch. 373, title XIX, as 
added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 559, 
provided criminal penalty for false statements and was classified to 
former section 300y-10 of this title, prior to repeal by Pub. L. 99-280, 
Sec. 5, Apr. 24, 1986, 100 Stat. 400.
    Section 300y-22, act July 1, 1944, ch. 373, title XIX, Sec. 1932, as 
added Nov. 4, 1988, Pub. L. 100-607, title IV, Sec. 408(a), 102 Stat. 
3117, authorized appropriations for this part.
    A prior section 1932 of act July 1, 1944, ch. 373, title XIX, as 
added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 559; 
amended Jan. 4, 1983, Pub. L. 97-414, Sec. 8(v), 96 Stat. 2063, related 
to applicability of other provisions and promulgation of regulations and 
was classified to former section 300y-11 of this title, prior to repeal 
by Pub. L. 99-280, Sec. 5, Apr. 24, 1986, 100 Stat. 400.
    Section 300y-23, act July 1, 1944, ch. 373, title XIX, Sec. 1933, as 
added Nov. 4, 1988, Pub. L. 100-607, title IV, Sec. 408(a), 102 Stat. 
3117, provided for allotments under this part.
    Section 300y-24, act July 1, 1944, ch. 373, title XIX, Sec. 1934, as 
added Nov. 4, 1988, Pub. L. 100-607, title IV, Sec. 408(a), 102 Stat. 
3118, provided for payments under allotments to States.
    Section 300y-25, act July 1, 1944, ch. 373, title XIX, Sec. 1935, as 
added Nov. 4, 1988, Pub. L. 100-607, title IV, Sec. 408(a), 102 Stat. 
3118, specified use of allotments.
    Section 300y-26, act July 1, 1944, ch. 373, title XIX, Sec. 1936, as 
added Nov. 4, 1988, Pub. L. 100-607, title IV, Sec. 408(a), 102 Stat. 
3119, provided for applications, requirements of the application, and 
description of activities.
    Section 300y-27, act July 1, 1944, ch. 373, title XIX, Sec. 1937, as 
added Nov. 4, 1988, Pub. L. 100-607, title IV, Sec. 408(a), 102 Stat. 
3120; amended Aug. 16, 1989, Pub. L. 101-93, Sec. 5(f)(1)(B), 103 Stat. 
612, provided for termination of this part effective Jan. 1, 1991.


                             Effective Date

    Section effective July 10, 1992, with programs making awards 
providing financial assistance in fiscal year 1993 and subsequent years 
effective for awards made on or after Oct. 1, 1992, see section 801(b), 
(d)(1) of Pub. L. 102-321, set out as an Effective Date of 1992 
Amendment note under section 236 of this title.
