Page:United States Statutes at Large Volume 104 Part 1.djvu/644

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104 STAT. 610 PUBLIC LAW 101-381—AUG. 18, 1990 42 USC 300ff-62. "SEC. 2662. PROVISION OF CERTAIN COUNSELING SERVICES. "(a) COUNSELING BEFORE TESTING.— The Secretary may not make a grant under this part unless the applicant for the grant agrees that, before testing an individual for HIV disease, the applicant will provide to the individual appropriate counseling regarding the disease (based on the most recently available scientific data), including counseling on— "(1) measures for the prevention of exposure to, and the transmission of, HIV; "(2) the accuracy and reliability of the results of testing for HIV disease; "(3) the significance of the results of such testing, including the potential for developing acquired immune deficiency syndrome; "(4) encouraging the individual, as appropriate, to undergo such testing; "(5) the benefits of such testing, including the medical benefits of diagnosing HIV disease in the early stages and the medical benefits of receiving early intervention services during such stages; "(6) provisions of law relating to the confidentiality of the process of receiving such services, including information regarding any disclosures that may be authorized under applicable law and information regarding the availability of anonymous counseling and testing pursuant to section 2664(b); and "(7) provisions of applicable law relating to discrimination against individuals with HIV disease. " (b) COUNSEUNG 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 disease indicate that an individual does not have the disease, the applicant will review for the individual the information provided pursuant to subsection (a), 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 regarding such disease. " (c) COUNSEUNG 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 disease indicate that the individual has the disease, the applicant will provide to the individual appropriate counseling regarding such disease, 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 regarding such disease; and "(3) providing counseling on— "(A) the availability, through the applicant, of early intervention services; "(B) 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) the benefits of locating and counseling any individual by whom the infected individual may have been ex-