Title 42The Public Health and WelfareRelease 119-73

§300ff–62 Provision of certain counseling services

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XXIV— - HIV HEALTH CARE SERVICES PROGRAM › Part Part C— - Early Intervention Services › Subpart subpart ii— - general provisions › § 300ff–62

Last updated Apr 6, 2026|Official source

Summary

The Secretary cannot give a grant under this program unless the applicant agrees to provide clear counseling and information to people tested for HIV/AIDS. If a test is negative, the applicant must explain how to prevent HIV, hepatitis B and C, and other sexually transmitted diseases; how reliable the tests are; what the result means and the chance of later developing disease; whether more counseling, tests, or education are needed; what it means if someone also has chronic hepatitis B or C and the risk of liver disease; and where to get hepatitis B vaccine and hepatitis treatments. If a test is positive, the applicant must give similar information and also tell the person about early treatment options, local health, mental health, and support services and referrals; help with finding and counseling people who may have been exposed or whom the infected person may have exposed; advice on the duty to tell sexual partners and needle‑sharing partners and how to do that safely; the role of public health authorities in locating and counseling contacts; the hepatitis co‑infection risks; and where to get hepatitis B vaccine. Applicants must make sure counseling fits the needs and situation of each person. States must also make sure emergency response workers get counseling that fits their needs. Grantees may still use funds to counsel someone who did not get tested if testing was judged not appropriate.

Full Legal Text

Title 42, §300ff–62

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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/AIDS indicate that an individual does not have such condition, the applicant will provide the individual information, including—
(1)measures for prevention of, exposure to, and transmission of HIV/AIDS, hepatitis B, hepatitis C, and other sexually transmitted diseases;
(2)the accuracy and reliability of results of testing for HIV/AIDS, hepatitis B, and hepatitis C;
(3)the significance of the results of such testing, including the potential for developing AIDS, hepatitis B, or hepatitis C;
(4)the appropriateness of further counseling, testing, and education of the individual regarding HIV/AIDS and other sexually transmitted diseases;
(5)if diagnosed with chronic hepatitis B or hepatitis C co-infection, the potential of developing hepatitis-related liver disease and its impact on HIV/AIDS; and
(6)information regarding the availability of hepatitis B vaccine and information about hepatitis treatments.
(b)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/AIDS indicate that the individual has such condition, the applicant will provide to the individual appropriate counseling regarding the condition, including—
(1)information regarding—
(A)measures for prevention of, exposure to, and transmission of HIV/AIDS, hepatitis B, and hepatitis C;
(B)the accuracy and reliability of results of testing for HIV/AIDS, hepatitis B, and hepatitis C; and
(C)the significance of the results of such testing, including the potential for developing AIDS, hepatitis B, or hepatitis C;
(2)reviewing the appropriateness of further counseling, testing, and education of the individual regarding HIV/AIDS and other sexually transmitted diseases; and
(3)providing counseling—
(A)on the availability, through the applicant, of early intervention services;
(B)on 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)(i)that explains the benefits of locating and counseling any individual by whom the infected individual may have been exposed to HIV/AIDS, hepatitis B, or hepatitis C and any individual whom the infected individual may have exposed to HIV/AIDS, hepatitis B, or hepatitis C; and
(ii)that emphasizes it is the duty of infected individuals to disclose their infected status to their sexual partners and their partners in the sharing of hypodermic needles; that provides advice to infected individuals on the manner in which such disclosures can be made; and that emphasizes that it is the continuing duty of the individuals to avoid any behaviors that will expose others to HIV/AIDS, hepatitis B, or hepatitis C; and
(D)on the availability of the services of public health authorities with respect to locating and counseling any individual described in subparagraph (C);
(4)if diagnosed with chronic hepatitis B or hepatitis C co-infection, the potential of developing hepatitis-related liver disease and its impact on HIV/AIDS; and
(5)information regarding the availability of hepatitis B vaccine.
(c)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/AIDS, the applicant will ensure that the counseling is provided under conditions appropriate to the needs of the individuals.
(d)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/AIDS, 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.
(e)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/AIDS as a result of the grantee or the individual determining that such testing of the individual is not appropriate.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—Pub. L. 111–87 repealed Pub. L. 109–415, § 703, and revived the provisions of this section as in effect on Sept. 30, 2009. See 2006 Amendment note and

Effective Date

of 2009 Amendment; Revival of Section note below. 2006—Pub. L. 109–415, § 703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub. L. 111–87, § 2(a)(1), effective Sept. 30, 2009. Pub. L. 109–415, § 305, reenacted heading without change and amended text generally, substituting provisions relating to counseling of individuals after testing for HIV/AIDS, appropriateness of conditions, counseling of emergency response employees, and counseling without testing, for provisions relating to counseling of individuals before and after testing, appropriateness of conditions, counseling of emergency response employees, and counseling without testing. 2000—Subsec. (c)(3). Pub. L. 106–345, § 321(1), in introductory provisions struck out “on” after “counseling”. Subsec. (c)(3)(A), (B). Pub. L. 106–345, § 321(2), inserted “on” before “the availability”. Subsec. (c)(3)(C). Pub. L. 106–345, § 321(3), designated existing provisions as cl. (i), inserted “that explains” before “the benefits”, and added cl. (ii). Subsec. (c)(3)(D). Pub. L. 106–345, § 321(2), inserted “on” before “the availability”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 Amendment; Revival of SectionFor provisions that repeal by section 2(a)(1) of Pub. L. 111–87 of section 703 of Pub. L. 109–415 be effective Sept. 30, 2009, and that the provisions of this section as in effect on Sept. 30, 2009, be revived, see section 2(a)(2), (3)(A) of Pub. L. 111–87, set out as a note under section 300ff–11 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300ff–62

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73