42 U.S.C. § 300ff–62 — Provision of certain counseling services

(a) Counseling of individuals with negative test results — A grantee must agree that anyone testing negative for HIV/AIDS is given information on: how HIV/AIDS, hepatitis B, hepatitis C, and other sexually transmitted diseases can be prevented, exposed to, or transmitted; how accurate and reliable the tests are; what the results mean, including the potential for later developing AIDS, hepatitis B, or hepatitis C; whether more counseling, testing, or education would be appropriate; and, if the person has chronic hepatitis B or C co-infection, the potential for hepatitis-related liver disease and its impact on HIV/AIDS, plus information on the hepatitis B vaccine and hepatitis treatments. (b) Counseling of individuals with positive test results — A grantee must agree that anyone testing positive gets appropriate counseling covering: the same prevention, accuracy, and significance-of-results information as above; a review of whether more counseling, testing, or education is appropriate; the availability of early intervention services through the grantee; the availability of local health care, mental health care, and social and support services, with referrals as appropriate; an explanation of the benefits of finding and counseling anyone the infected person may have exposed to, or been exposed by, HIV/AIDS, hepatitis B, or hepatitis C — stressing that infected individuals have a duty to disclose their status to sexual and needle-sharing partners, giving advice on how to make such disclosures, and stressing the continuing duty to avoid behaviors that expose others; the availability of public health authorities that can help locate and counsel those partners; if the person has chronic hepatitis B or C co-infection, the potential for hepatitis-related liver disease and its impact on HIV/AIDS; and the availability of the hepatitis B vaccine. (c) Additional requirements regarding appropriate counseling — A grantee must agree that its HIV/AIDS counseling is provided under conditions appropriate to the needs of the people receiving it. (d) Counseling of emergency response employees — A State grantee must agree that, when counseling emergency response employees about HIV/AIDS, the counseling is provided under conditions appropriate to those employees' needs. (e) Rule of construction regarding counseling without testing — None of this stops a grantee from spending the grant to provide this counseling to someone who — whether because the grantee or the individual decided testing was not appropriate — does not undergo HIV/AIDS testing.