---
kind: "section"
citation: "42 U.S.C. § 274f–5"
title: "42"
title_heading: "The Public Health and Welfare"
number: "274f–5"
heading: "Criteria, standards, and regulations with respect to organs infected with HIV"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/274f-5"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter II — General Powers and Duties"
  - "Part H — Organ Transplants"
---

# §274f–5. Criteria, standards, and regulations with respect to organs infected with HIV

- (a) **In general—** Not later than 2 years after November 21, 2013, the [Secretary](/usc/42/201.md?p=c) shall develop and publish criteria for the conduct of research relating to transplantation of [organs](/usc/42/274i–4.md?p=1) from donors infected with human immunodeficiency virus (in this section referred to as “HIV”) into individuals who are infected with HIV before receiving such [organ](/usc/42/274i–4.md?p=1).
- (b) **Corresponding changes to standards and regulations applicable to research—** Not later than 2 years after November 21, 2013, to the extent determined by the [Secretary](/usc/42/201.md?p=c) to be necessary to allow the conduct of research in accordance with the criteria developed under [subsection (a)](#a)—
  - (1) the [Organ](/usc/42/274i–4.md?p=1) Procurement and Transplantation Network shall revise the standards of quality adopted under [section 274(b)(2)(E) of this title](/usc/42/274.md?p=b-2-E); and
  - (2) the [Secretary](/usc/42/201.md?p=c) shall revise section 121.6 of title 42, Code of Federal [Regulations](/usc/42/201.md?p=d) (or any successor [regulations](/usc/42/201.md?p=d)).
- (c) **Revision of standards and regulations generally—** Not later than 4 years after November 21, 2013, and annually thereafter, the [Secretary](/usc/42/201.md?p=c),[^1] shall—
  - (1) review the results of scientific research in conjunction with the [Organ](/usc/42/274i–4.md?p=1) Procurement and Transplantation Network to determine whether the results warrant revision of the standards of quality adopted under [section 274(b)(2)(E) of this title](/usc/42/274.md?p=b-2-E) with respect to donated [organs](/usc/42/274i–4.md?p=1) infected with HIV and with respect to the safety of transplanting an [organ](/usc/42/274i–4.md?p=1) with a particular strain of HIV into a recipient with a different strain of HIV;
  - (2) if the [Secretary](/usc/42/201.md?p=c) determines under [paragraph (1)](#c-1) that such results warrant revision of the standards of quality adopted under [section 274(b)(2)(E) of this title](/usc/42/274.md?p=b-2-E) with respect to donated [organs](/usc/42/274i–4.md?p=1) infected with HIV and with respect to transplanting an [organ](/usc/42/274i–4.md?p=1) with a particular strain of HIV into a recipient with a different strain of HIV, direct the [Organ](/usc/42/274i–4.md?p=1) Procurement and Transplantation Network to revise such standards, consistent with [section 274 of this title](/usc/42/274.md) and in a way that ensures the changes will not reduce the safety of [organ](/usc/42/274i–4.md?p=1) transplantation; and
  - (3) in conjunction with any revision of such standards under [paragraph (2)](#c-2), revise section 121.6 of title 42, Code of Federal [Regulations](/usc/42/201.md?p=d) (or any successor [regulations](/usc/42/201.md?p=d)).

## Footnotes

[^1]: So in original. The comma probably should not appear.

## Source credit

(July 1, 1944, ch. 373, title III, § 377E, as added Pub. L. 113–51, § 2(b), Nov. 21, 2013, 127 Stat. 580.)