1. U.S. Code
  2. title 42
  3. chapter 6A
  4. subchapter XXIV
  5. part B
  6. subpartii
  7. § 300ff-37

Collapse to view only § 300ff-37. State HIV testing programs established prior to or after

§ 300ff–33. Early diagnosis grant program
(a) In general
(b) Description of compliant StatesFor purposes of subsection (a), the laws or regulations of a State are in accordance with this subsection if, under such laws or regulations (including programs carried out pursuant to the discretion of State officials), both of the policies described in paragraph (1) are in effect, or both of the policies described in paragraph (2) are in effect, as follows:
(1)
(A) Voluntary opt-out testing of pregnant women.
(B) Universal testing of newborns.
(2)
(A) Voluntary opt-out testing of clients at sexually transmitted disease clinics.
(B) Voluntary opt-out testing of clients at substance abuse treatment centers.
The Secretary shall periodically ensure that the applicable policies are being carried out and recertify compliance.
(c) Use of funds
(d) Application
(e) Limitation on amount of grant
(f) Rule of construction
(g) DefinitionsIn this section:
(1) The term “voluntary opt-out testing” means HIV/AIDS testing—
(A) that is administered to an individual seeking other health care services; and
(B) in which—
(i) pre-test counseling is not required but the individual is informed that the individual will receive an HIV/AIDS test and the individual may opt out of such testing; and
(ii) for those individuals with a positive test result, post-test counseling (including referrals for care) is provided and confidentiality is protected.
(2) The term “universal testing of newborns” means HIV/AIDS testing that is administered within 48 hours of delivery to—
(A) all infants born in the State; or
(B) all infants born in the State whose mother’s HIV/AIDS status is unknown at the time of delivery.
(h) Authorization of appropriations
(July 1, 1944, ch. 373, title XXVI, § 2625, as added Pub. L. 104–146, § 7(b)(3), May 20, 1996, 110 Stat. 1369; amended Pub. L. 106–345, title II, § 212(a), Oct. 20, 2000, 114 Stat. 1339; Pub. L. 109–415, title II, § 209, title VII, § 703, Dec. 19, 2006, 120 Stat. 2802, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

CITE AS: 42 USC 300ff-33

§ 300ff–34. Perinatal transmission of HIV/AIDS; contingent requirement regarding State grants under this part
(a) Annual determination of reported cases
(b) Causes of perinatal transmissionIn determining the rate under subsection (a), a State shall also determine the possible causes of perinatal transmission. Such causes may include—
(1) the inadequate provision within the State of prenatal counseling and testing in accordance with the guidelines issued by the Centers for Disease Control and Prevention;
(2) the inadequate provision or utilization within the State of appropriate therapy or failure of such therapy to reduce perinatal transmission of HIV, including—
(A) that therapy is not available, accessible or offered to mothers; or
(B) that available therapy is offered but not accepted by mothers; or
(3) other factors (which may include the lack of prenatal care) determined relevant by the State.
(c) CDC reporting system
(July 1, 1944, ch. 373, title XXVI, § 2626, as added Pub. L. 104–146, § 7(b)(3), May 20, 1996, 110 Stat. 1369; amended Pub. L. 104–166, § 5(1), July 29, 1996, 110 Stat. 1449; Pub. L. 106–345, title II, § 211(1), Oct. 20, 2000, 114 Stat. 1339; Pub. L. 109–415, title VII, §§ 702(3), 703, Dec. 19, 2006, 120 Stat. 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

CITE AS: 42 USC 300ff-34

§§ 300ff–35, 300ff–36. Repealed. Pub. L. 106–345, title II, § 211(2), Oct. 20, 2000, 114 Stat. 1339

CITE AS: 42 USC 300ff-35, 300ff-36

§ 300ff–37. State HIV testing programs established prior to or after May 20, 1996

Nothing in this subpart shall be construed to disqualify a State from receiving grants under this subchapter if such State has established at any time prior to or after May 20, 1996, a program of mandatory HIV testing.

(July 1, 1944, ch. 373, title XXVI, § 2627, formerly § 2629, as added Pub. L. 104–146, § 7(b)(3), May 20, 1996, 110 Stat. 1372; renumbered § 2627, Pub. L. 106–345, title II, § 211(3), Oct. 20, 2000, 114 Stat. 1339; amended Pub. L. 109–415, title VII, § 703, Dec. 19, 2006, 120 Stat. 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

CITE AS: 42 USC 300ff-37

§ 300ff–37a. Recommendations for reducing incidence of perinatal transmission
(a) Study by Institute of Medicine
(1) In general
The Secretary shall request the Institute of Medicine to enter into an agreement with the Secretary under which such Institute conducts a study to provide the following:
(A) For the most recent fiscal year for which the information is available, a determination of the number of newborn infants with HIV born in the United States with respect to whom the attending obstetrician for the birth did not know the HIV status of the mother.
(B) A determination for each State of any barriers, including legal barriers, that prevent or discourage an obstetrician from making it a routine practice to offer pregnant women an HIV test and a routine practice to test newborn infants for HIV/AIDS in circumstances in which the obstetrician does not know the HIV status of the mother of the infant.
(C) Recommendations for each State for reducing the incidence of cases of the perinatal transmission of HIV, including recommendations on removing the barriers identified under subparagraph (B).
If such Institute declines to conduct the study, the Secretary shall enter into an agreement with another appropriate public or nonprofit private entity to conduct the study.
(2) Report
(b) Progress toward recommendations
(c) Submission of reports to Congress
(July 1, 1944, ch. 373, title XXVI, § 2628, as added Pub. L. 106–345, title II, § 213, Oct. 20, 2000, 114 Stat. 1342; amended Pub. L. 109–415, title VII, §§ 702(3), 703, Dec. 19, 2006, 120 Stat. 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

CITE AS: 42 USC 300ff-37a