---
kind: "section"
citation: "42 U.S.C. § 300ff–62"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300ff–62"
heading: "Provision of certain counseling services"
release: "119-102"
url: "https://uscodex.org/usc/42/300ff-62"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXIV — Hiv Health Care Services Program"
  - "Part C — Early Intervention Services"
  - "Subpart ii — general provisions"
---

# §300ff–62. Provision of certain counseling services

- (a) **Counseling of individuals with negative test results—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under this part unless the applicant for the grant agrees that, if the results of testing conducted for [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) indicate that an individual does not have such condition, the applicant will provide the individual information, including—
  - (1) measures for prevention of, exposure to, and transmission of [HIV/AIDS](/usc/42/300ff–88.md?p=7-A), hepatitis B, hepatitis C, and other sexually transmitted diseases;
  - (2) the accuracy and reliability of results of testing for [HIV/AIDS](/usc/42/300ff–88.md?p=7-A), hepatitis B, and hepatitis C;
  - (3) the significance of the results of such testing, including the potential for developing [AIDS](/usc/42/300ff–88.md?p=1), hepatitis B, or hepatitis C;
  - (4) the appropriateness of further [counseling](/usc/42/300ff–88.md?p=3), testing, and education of the individual regarding [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) and other sexually transmitted diseases;
  - (5) if diagnosed with chronic hepatitis B or hepatitis C co-infection, the potential of developing hepatitis-related liver disease and its impact on [HIV/AIDS](/usc/42/300ff–88.md?p=7-A); and
  - (6) information regarding the availability of hepatitis B vaccine and information about hepatitis [treatments](/usc/42/11851.md?p=11).
- (b) **Counseling of individuals with positive test results—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under this part unless the applicant for the grant agrees that, if the results of testing for [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) indicate that the individual has such condition, the applicant will provide to the individual appropriate [counseling](/usc/42/300ff–88.md?p=3) regarding the condition, including—
  - (1) information regarding—
    - (A) measures for prevention of, exposure to, and transmission of [HIV/AIDS](/usc/42/300ff–88.md?p=7-A), hepatitis B, and hepatitis C;
    - (B) the accuracy and reliability of results of testing for [HIV/AIDS](/usc/42/300ff–88.md?p=7-A), hepatitis B, and hepatitis C; and
    - (C) the significance of the results of such testing, including the potential for developing [AIDS](/usc/42/300ff–88.md?p=1), hepatitis B, or hepatitis C;
  - (2) reviewing the appropriateness of further [counseling](/usc/42/300ff–88.md?p=3), testing, and education of the individual regarding [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) and other sexually transmitted diseases; and
  - (3) providing [counseling](/usc/42/300ff–88.md?p=3)—
    - (A) on the availability, through the applicant, of early intervention [services](/usc/42/201.md?p=a);
    - (B) on the availability in the [geographic area](/usc/42/11360.md?p=9) of appropriate health care, mental health care, and social and support [services](/usc/42/201.md?p=a), including providing referrals for such [services](/usc/42/201.md?p=a), as appropriate;
    - (C)
      - (i) that explains the benefits of locating and [counseling](/usc/42/300ff–88.md?p=3) any individual by whom the infected individual may have been exposed to [HIV/AIDS](/usc/42/300ff–88.md?p=7-A), hepatitis B, or hepatitis C and any individual whom the infected individual may have exposed to [HIV/AIDS](/usc/42/300ff–88.md?p=7-A), hepatitis B, or hepatitis C; and
      - (ii) that emphasizes it is the duty of infected individuals to disclose their infected status to their sexual partners and their partners in the sharing of hypodermic needles; that provides advice to infected individuals on the manner in which such disclosures can be made; and that emphasizes that it is the continuing duty of the individuals to avoid any behaviors that will expose others to [HIV/AIDS](/usc/42/300ff–88.md?p=7-A), hepatitis B, or hepatitis C; and
    - (D) on the availability of the [services](/usc/42/201.md?p=a) of public health authorities with respect to locating and [counseling](/usc/42/300ff–88.md?p=3) any individual described in [subparagraph (C)](#b-3-C);
  - (4) if diagnosed with chronic hepatitis B or hepatitis C co-infection, the potential of developing hepatitis-related liver disease and its impact on [HIV/AIDS](/usc/42/300ff–88.md?p=7-A); and
  - (5) information regarding the availability of hepatitis B vaccine.
- (c) **Additional requirements regarding appropriate counseling—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under this part unless the applicant for the grant agrees that, in [counseling](/usc/42/300ff–88.md?p=3) individuals with respect to [HIV/AIDS](/usc/42/300ff–88.md?p=7-A), the applicant will ensure that the [counseling](/usc/42/300ff–88.md?p=3) is provided under conditions appropriate to the needs of the individuals.
- (d) **Counseling of emergency response employees—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under this part to a [State](/usc/42/300ff–88.md?p=11-A) unless the [State](/usc/42/300ff–88.md?p=11-A) agrees that, in [counseling](/usc/42/300ff–88.md?p=3) individuals with respect to [HIV/AIDS](/usc/42/300ff–88.md?p=7-A), the [State](/usc/42/300ff–88.md?p=11-A) will ensure that, in the case of emergency response [employees](/usc/42/300gg–91.md?p=d-5), the [counseling](/usc/42/300ff–88.md?p=3) is provided to such [employees](/usc/42/300gg–91.md?p=d-5) under conditions appropriate to the needs of the [employees](/usc/42/300gg–91.md?p=d-5) regarding the [counseling](/usc/42/300ff–88.md?p=3).
- (e) **Rule of construction regarding counseling without testing—** [Agreements](/usc/42/1320b–8.md?p=a-3-A) made pursuant to this section may not be construed to prohibit any grantee under this part from expending the grant for the purpose of providing [counseling](/usc/42/300ff–88.md?p=3) [services](/usc/42/201.md?p=a) described in this section to an individual who does not undergo testing for [HIV/AIDS](/usc/42/300ff–88.md?p=7-A) as a result of the grantee or the individual determining that such testing of the individual is not appropriate.

## Source credit

(July 1, 1944, ch. 373, title XXVI, § 2662, as added Pub. L. 101–381, title III, § 301(a), Aug. 18, 1990, 104 Stat. 610; amended Pub. L. 106–345, title III, § 321, Oct. 20, 2000, 114 Stat. 1346; Pub. L. 109–415, title III, § 305, title VII, § 703, Dec. 19, 2006, 120 Stat. 2807, 2820; Pub. L. 111–87, § 2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

## Notes

### Editorial Notes

### Amendments

2009—Pub. L. 111–87 repealed Pub. L. 109–415, § 703, and revived the provisions of this section as in effect on Sept. 30, 2009. See 2006 Amendment note and Effective Date of 2009 Amendment; Revival of Section note below.

2006—Pub. L. 109–415, § 703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub. L. 111–87, § 2(a)(1), effective Sept. 30, 2009.

Pub. L. 109–415, § 305, reenacted heading without change and amended text generally, substituting provisions relating to counseling of individuals after testing for HIV/AIDS, appropriateness of conditions, counseling of emergency response employees, and counseling without testing, for provisions relating to counseling of individuals before and after testing, appropriateness of conditions, counseling of emergency response employees, and counseling without testing.

2000—Subsec. (c)(3). Pub. L. 106–345, § 321(1), in introductory provisions struck out “on” after “counseling”.

Subsec. (c)(3)(A), (B). Pub. L. 106–345, § 321(2), inserted “on” before “the availability”.

Subsec. (c)(3)(C). Pub. L. 106–345, § 321(3), designated existing provisions as cl. (i), inserted “that explains” before “the benefits”, and added cl. (ii).

Subsec. (c)(3)(D). Pub. L. 106–345, § 321(2), inserted “on” before “the availability”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2009 Amendment; Revival of Section

For provisions that repeal by section 2(a)(1) of Pub. L. 111–87 of section 703 of Pub. L. 109–415 be effective Sept. 30, 2009, and that the provisions of this section as in effect on Sept. 30, 2009, be revived, see section 2(a)(2), (3)(A) of Pub. L. 111–87, set out as a note under section 300ff–11 of this title.