42 U.S.C. § 300dd–32 — Requirement of provision of certain counseling services

submitted 82 years ago by Pub. L. 100-607 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 689 words · no verdicts yet

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States getting these federal AIDS testing grants must counsel people before and after testing. Counseling covers prevention, test accuracy, and, for positive results, partner notification and support services. Grant money cannot fund counseling that promotes sexual activity or drug use.

(a) Counseling before testing: The Secretary cannot give a state a grant under section 300dd-31 unless the state agrees that, before testing anyone under that section, it will give the person appropriate counseling about AIDS, based on the most current scientific data. This counseling must cover (1) ways to prevent exposure to and transmission of the AIDS virus; (2) how accurate and reliable the test results are; (3) what the results actually mean, including the chance of developing AIDS; and (4) encouraging people, where appropriate, to get tested, and explaining the benefits of testing. (b) Counseling of individuals with negative test results: The Secretary cannot give the grant unless the state agrees that, if someone tests negative, it will go back over with them (1) the information described in (a)(1) through (3), and (2) whether further counseling, testing, or education makes sense for them. (c) Counseling of individuals with positive test results: The Secretary cannot give the grant unless the state agrees that, if someone tests positive, it will provide appropriate counseling covering (1) the information described in (a)(1) through (3); (2) whether further counseling, testing, or education makes sense; (3) how important it is not to expose other people to the virus; (4) what health care, mental health care, and social support services are available in the area; (5) the benefits of finding and counseling anyone who may have exposed the infected person, and anyone the infected person may have exposed; and (6) whether public health authorities can help find and counsel those people. (d) Rule of construction with respect to counseling without testing: Nothing in the agreements described in (a) through (c) stops a grant recipient from spending grant money on counseling for someone who decides - or whose counselor decides - that testing isn't appropriate for them right now. (e) Use of funds: (1) The whole purpose of this part of the law is to fund counseling and testing that prevents and reduces exposure to, and spread of, the AIDS virus. (2) Everyone counseled under this part must be told about the harmful effects of promiscuous sexual activity and injecting drugs, and about the benefits of avoiding those activities. (3) None of the money appropriated for this part may pay for counseling that is designed to directly promote or encourage homosexual or heterosexual sexual activity, or intravenous drug use. (4) But (3) does not stop a counselor - who has already given someone the counseling required by (2) - from also giving that person accurate information on how to lower their risk of exposure to or spreading the virus, as long as any materials used are not obscene.

the actual law source: uscode.house.gov ↗public domain

(a) Counseling before testing

The Secretary may not make a grant under section 300dd–31 of this title to a State unless the State agrees that, before testing an individual pursuant to such section, the State will provide to the individual appropriate counseling with respect to acquired immune deficiency syndrome (based on the most recent scientific data relating to such syndrome), including—

(1)

measures for the prevention of exposure to, and the transmission of, the etiologic agent for such syndrome;

(2)

the accuracy and reliability of the results of such testing;

(3)

the significance of the results of such testing, including the potential for developing acquired immune deficiency syndrome; and

(4)

encouraging individuals, as appropriate, to undergo testing for such etiologic agent and providing information on the benefits of such testing.

(b) Counseling of individuals with negative test results

The Secretary may not make a grant under section 300dd–31 of this title to a State unless the State agrees that, if the results of testing conducted pursuant to such section indicate that an individual is not infected with the etiologic agent for acquired immune deficiency syndrome, the State will review for the individual the information provided pursuant to subsection (a) with respect to such syndrome, 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 with respect to acquired immune deficiency syndrome.

The Secretary may not make a grant under section 300dd–31 of this title to a State unless the State agrees that, if the results of testing conducted pursuant to such section indicate that an individual is infected with the etiologic agent for acquired immune deficiency syndrome, the State will provide to the individual appropriate counseling with respect to such syndrome, including—

(1)

reviewing the information described in paragraphs (1) through (3) of subsection (a);

(2)

reviewing the appropriateness of further counseling, testing, and education of the individual with respect to acquired immune deficiency syndrome;

(3)

the importance of not exposing others to the etiologic agent for acquired immune deficiency syndrome;

(4)

the availability in the geographic area of any appropriate services with respect to health care, including mental health care and social and support services;

(5)

the benefits of locating and counseling any individual by whom the infected individual may have been exposed to the etiologic agent for acquired immune deficiency syndrome and any individual whom the infected individual may have exposed to such etiologic agent; and

(6)

the availability, if any, of the services of public health authorities with respect to locating and counseling any individual described in paragraph (5).

(d) Rule of construction with respect to counseling without testing

Agreements entered into pursuant to subsections (a) through (c) may not be construed to prohibit any grantee under section 300dd–31 of this title from expending the grant for the purpose of providing counseling services described in such subsections to an individual who will not undergo testing described in such section as a result of the grantee or the individual determining that such testing of the individual is not appropriate.

(e) Use of funds

(1)

The purpose of this subpart 1 is to provide for counseling and testing services to prevent and reduce exposure to, and transmission of, the etiologic agent for acquired immune deficiency syndrome.

(2)

All individuals receiving counseling pursuant to this subpart ¹ are to be counseled about the harmful effects of promiscuous sexual activity and intravenous substance abuse, and the benefits of abstaining from such activities.

(3)

None of the fund appropriated to carry out this subpart ¹ may be used to provide counseling that is designed to promote or encourage, directly, homosexual or heterosexual sexual activity or intravenous drug abuse.

(4)

Paragraph (3) may not be construed to prohibit a counselor who has already performed the counseling of an individual required by paragraph (2), to provide accurate information about means to reduce an individual’s risk of exposure to, or the transmission of, the etiologic agent for acquired immune deficiency syndrome, provided that any informational materials used are not obscene.

Source credit: (July 1, 1944, ch. 373, title XXIV, § 2432, as added Pub. L. 100–607, title II, § 211, Nov. 4, 1988, 102 Stat. 3090; amended Pub. L. 100–690, title II, § 2618(i), Nov. 18, 1988, 102 Stat. 4242; Pub. L. 102–321, title I, § 118(b)(1)(B), July 10, 1992, 106 Stat. 348.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 100-607 · 102 Stat. 3090
1988Amended · Pub. L. 100-690 · 102 Stat. 4242
1992Amended · Pub. L. 102-321 · 106 Stat. 348

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-607 on 1944-07-01.

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