42 U.S.C. § 300ff–62: Provision of certain…

Summary

Groups applying for these federal grants must agree to give counseling to anyone tested for HIV/AIDS. If a test is negative, counseling must cover how to prevent HIV, hepatitis B and C, and other STDs; how accurate the tests are; what the results mean and the chance of later disease; whether more counseling or testing is needed; what happens if someone also has chronic hepatitis B or C and how that can affect the liver and HIV; and where to get hepatitis B vaccine and treatment. If a test is positive, counseling must include those same topics and also review further testing and education, tell people about early intervention services, refer them to local medical, mental health, and support services, explain why finding and counseling partners matters, stress the duty to tell sexual or needle‑sharing partners and how to do that, and explain public health help for locating and counseling those partners. Grant recipients must make sure counseling fits each person’s needs. States must do the same for emergency response workers. Recipients may also use grant money to counsel someone who is not tested when testing is judged not appropriate.

Title 42, §300ff–62

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

(a)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/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)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/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)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/AIDS, the applicant will ensure that the counseling is provided under conditions appropriate to the needs of the individuals.

(d)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/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)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/AIDS as a result of the grantee or the individual determining that such testing of the individual is not appropriate.

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.

§300ff–62 Provision of Certain Counseling Services

Summary

Title 42, §300ff–62

Notes & Related Subsidiaries

Editorial Notes

Amendments

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata