---
kind: "section"
citation: "42 U.S.C. § 300ff–38"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300ff–38"
heading: "Grants for partner notification programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300ff-38"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXIV — Hiv Health Care Services Program"
  - "Part B — Care Grant Program"
  - "Subpart iii — certain partner notification programs"
---

# §300ff–38. Grants for partner notification programs

- (a) **In general—** In the case of [States](/usc/42/201.md?p=f) whose laws or [regulations](/usc/42/201.md?p=d) are in accordance with [subsection (b)](#b), the [Secretary](/usc/42/201.md?p=c), subject to subsection (c)(2), may make grants to the [States](/usc/42/201.md?p=f) for carrying out [programs](/usc/42/274l–1.md?p=4) to provide partner counseling and referral [services](/usc/42/201.md?p=a).
- (b) **Description of compliant State programs—** For purposes of [subsection (a)](#a), the laws or [regulations](/usc/42/201.md?p=d) of a [State](/usc/42/201.md?p=f) are in accordance with this subsection if under such laws or [regulations](/usc/42/201.md?p=d) (including [programs](/usc/42/274l–1.md?p=4) carried out pursuant to the discretion of [State](/usc/42/201.md?p=f) officials) the following policies are in effect:
  - (1) The [State](/usc/42/201.md?p=f) requires that the public health officer of the [State](/usc/42/201.md?p=f) carry out a [program](/usc/42/274l–1.md?p=4) of partner notification to inform partners of individuals with HIV/AIDS that the partners may have been exposed to the disease.
  - (2)
    - (A) In the case of a health entity that provides for the performance on an individual of a test for HIV/AIDS, or that treats the individual for the disease, the [State](/usc/42/201.md?p=f) requires, subject to [subparagraph (B)](#b-2-B), that the entity confidentially report the positive test results to the [State](/usc/42/201.md?p=f) public health officer in a manner recommended and approved by the [Director](/usc/42/11851.md?p=5) of the Centers for Disease Control and Prevention, together with such additional information as may be necessary for carrying out such [program](/usc/42/274l–1.md?p=4).
    - (B) The [State](/usc/42/201.md?p=f) may provide that the requirement of [subparagraph (A)](#b-2-A) does not apply to the testing of an individual for HIV/AIDS if the individual underwent the testing through a [program](/usc/42/274l–1.md?p=4) designed to perform the test and provide the results to the individual without the individual disclosing his or her identity to the [program](/usc/42/274l–1.md?p=4). This subparagraph may not be construed as affecting the requirement of [subparagraph (A)](#b-2-A) with respect to a health entity that treats an individual for HIV/AIDS.
  - (3) The [program](/usc/42/274l–1.md?p=4) under [paragraph (1)](#b-1) is carried out in accordance with the following:
    - (A) Partners are provided with an appropriate opportunity to learn that the partners have been exposed to HIV/AIDS, subject to [subparagraph (B)](#b-3-B).
    - (B) The [State](/usc/42/201.md?p=f) does not inform partners of the identity of the infected individuals involved.
    - (C) Counseling and testing for HIV/AIDS are made available to the partners and to infected individuals, and such counseling includes information on modes of transmission for the disease, including information on prenatal and perinatal transmission and preventing transmission.
    - (D) Counseling of infected individuals and their partners includes the provision of information regarding therapeutic measures for preventing and treating the deterioration of the immune system and conditions arising from the disease, and the provision of other prevention-related information.
    - (E) Referrals for appropriate [services](/usc/42/201.md?p=a) are provided to partners and infected individuals, including referrals for support [services](/usc/42/201.md?p=a) and legal aid.
    - (F) Notifications under [subparagraph (A)](#b-3-A) are provided in person, unless doing so is an unreasonable burden on the [State](/usc/42/201.md?p=f).
    - (G) There is no criminal or civil penalty on, or civil liability for, an infected individual if the individual chooses not to identify the partners of the individual, or the individual does not otherwise cooperate with such [program](/usc/42/274l–1.md?p=4).
    - (H) The failure of the [State](/usc/42/201.md?p=f) to notify partners is not a basis for the civil liability of any health entity who under the [program](/usc/42/274l–1.md?p=4) reported to the [State](/usc/42/201.md?p=f) the identity of the infected individual involved.
    - (I) The [State](/usc/42/201.md?p=f) provides that the provisions of the [program](/usc/42/274l–1.md?p=4) may not be construed as prohibiting the [State](/usc/42/201.md?p=f) from providing a notification under [subparagraph (A)](#b-3-A) without the consent of the infected individual involved.
  - (4) The [State](/usc/42/201.md?p=f) annually reports to the [Director](/usc/42/11851.md?p=5) of the Centers for Disease Control and Prevention the number of individuals from whom the names of partners have been sought under the [program](/usc/42/274l–1.md?p=4) under [paragraph (1)](#b-1), the number of such individuals who provided the names of partners, and the number of partners so named who were notified under the [program](/usc/42/274l–1.md?p=4).
  - (5) The [State](/usc/42/201.md?p=f) cooperates with such [Director](/usc/42/11851.md?p=5) in carrying out a national [program](/usc/42/274l–1.md?p=4) of partner notification, including the sharing of information between the public health officers of the [States](/usc/42/201.md?p=f).
- (c) **Reporting system for cases of HIV/AIDS; preference in making grants—** In making grants under [subsection (a)](#a), the [Secretary](/usc/42/201.md?p=c) shall give preference to [States](/usc/42/201.md?p=f) whose reporting systems for cases of HIV/AIDS produce data on such cases that is sufficiently accurate and reliable for use for purposes of [section 300ff–28(a)(2)(D)(i) of this title](/usc/42/300ff–28.md?p=a-2-D-i).
- (d) **Authorization of appropriations—** For the purpose of carrying out this section, there is authorized to be appropriated $10,000,000 for each of the fiscal years 2007 through 2009.

## Source credit

(July 1, 1944, ch. 373, title XXVI, § 2631, as added Pub. L. 106–345, title II, § 221, Oct. 20, 2000, 114 Stat. 1343; amended Pub. L. 109–415, title II, § 210, title VII, §§ 702(3), 703, Dec. 19, 2006, 120 Stat. 2803, 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.

Subsecs. (b), (c). Pub. L. 109–415, § 702(3), substituted “HIV/AIDS” for “HIV disease” wherever appearing.

Subsec. (d). Pub. L. 109–415, § 210, substituted “there is authorized to be appropriated $10,000,000 for each of the fiscal years 2007 through 2009.” for “there are authorized to be appropriated $30,000,000 for fiscal year 2001, and such sums as may be necessary for each of the fiscal years 2002 through 2005.”

### 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.