---
kind: "section"
citation: "42 U.S.C. § 300ff–138"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300ff–138"
heading: "Miscellaneous provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300ff-138"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXIV — Hiv Health Care Services Program"
  - "Part G — Notification of Possible Exposure to Infectious Diseases"
---

# §300ff–138. Miscellaneous provisions

- (a) **Liability of medical facilities, designated officers, public health officers, and governing entities—** This part may not be construed to authorize any cause of action for damages or any civil penalty against any [medical facility](/usc/42/300s–3.md?p=11), any designated officer, any other public health officer, or any governing entity of such facility or officer for failure to comply with the duties established in this part.
- (b) **Testing—** This part may not, with respect to victims of emergencies, be construed to authorize or require a [medical facility](/usc/42/300s–3.md?p=11) to test any such victim for any infectious disease.
- (c) **Confidentiality—** This part may not be construed to authorize or require any [medical facility](/usc/42/300s–3.md?p=11), any designated officer of emergency response [employees](/usc/42/300gg–91.md?p=d-5), or any such [employee](/usc/42/300gg–91.md?p=d-5), to disclose identifying information with respect to a victim of an emergency or with respect to an emergency response [employee](/usc/42/300gg–91.md?p=d-5).
- (d) **Failure to provide emergency services—** This part may not be construed to authorize any emergency response [employee](/usc/42/300gg–91.md?p=d-5) to fail to respond, or to deny [services](/usc/42/201.md?p=a), to any victim of an emergency.
- (e) **Notification and reporting deadlines—** In any case in which the [Secretary](/usc/42/201.md?p=c) determines that, wholly or partially as a result of a public health emergency that has been determined pursuant to [section 247d(a) of this title](/usc/42/247d.md?p=a), individuals or public or private entities are unable to comply with the requirements of this part, the [Secretary](/usc/42/201.md?p=c) may, notwithstanding any other provision of law, temporarily suspend, in whole or in part, the requirements of this part as the circumstances reasonably require. Before or promptly after such a suspension, the [Secretary](/usc/42/201.md?p=c) shall notify the Congress of such action and publish in the Federal Register a notice of the suspension.
- (f) **Continued application of State and local law—** Nothing in this part shall be construed to limit the application of [State](/usc/42/201.md?p=f) or local laws that require the provision of data to public health authorities.

## Source credit

(July 1, 1944, ch. 373, title XXVI, § 2695G, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2902.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective as if enacted on Sept. 30, 2009, see section 2(a)(3)(B) of Pub. L. 111–87, set out as an Effective Date of 2009 Amendment; Revival of Section note under section 300ff–11 of this title.