---
kind: "section"
citation: "42 U.S.C. § 300y–11"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300y–11"
heading: "Interim maintenance treatment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300y-11"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XVII — Block Grants"
  - "Part C — Certain Programs Regarding Mental Health and Substance Use"
  - "Subpart ii — interim maintenance treatment of narcotics dependence"
---

# §300y–11. Interim maintenance treatment

- (a) **Requirement regarding Secretary—** Subject to the following subsections of this section, for the purpose of reducing the incidence of the transmission of HIV disease pursuant to the intravenous use of heroin or other morphine-like [drugs](/usc/42/11851.md?p=4), the [Secretary](/usc/42/201.md?p=c), in establishing conditions for the use of methadone in public or [nonprofit](/usc/42/300s–3.md?p=3) private [programs](/usc/42/274l–1.md?p=4) of [treatment](/usc/42/11851.md?p=11) for dependence on such [drugs](/usc/42/11851.md?p=4), shall authorize such [programs](/usc/42/274l–1.md?p=4)—
  - (1) to dispense methadone for [treatment](/usc/42/11851.md?p=11) purposes to individuals who—
    - (A) meet the conditions for admission to such [programs](/usc/42/274l–1.md?p=4) that dispense methadone as part of comprehensive [treatment](/usc/42/11851.md?p=11) for such dependence; and
    - (B) are seeking admission to such [programs](/usc/42/274l–1.md?p=4) that so dispense methadone, but as a result of the limited capacity of the [programs](/usc/42/274l–1.md?p=4), will not gain such admission until 14 or more days after seeking admission to the [programs](/usc/42/274l–1.md?p=4); and
  - (2) in dispensing methadone to such individuals, to provide only minimum ancillary [services](/usc/42/201.md?p=a) during the period in which the individuals are waiting for admission to [programs](/usc/42/274l–1.md?p=4) of comprehensive [treatment](/usc/42/11851.md?p=11).
- (b) **Inapplicability of requirement in certain circumstances—**
  - (1) **In general—** The requirement established in [subsection (a)](#a) for the [Secretary](/usc/42/201.md?p=c) does not apply if any or all of the following conditions are met:
    - (A) The preponderance of scientific research indicates that the risk of the transmission of HIV disease pursuant to the intravenous use of [drugs](/usc/42/11851.md?p=4) is minimal.
    - (B) The preponderance of scientific research indicates that the medically supervised dispensing of methadone is not an effective method of reducing the extent of dependence on heroin and other morphine-like [drugs](/usc/42/11851.md?p=4).
    - (C) The preponderance of available data indicates that, of [treatment](/usc/42/11851.md?p=11) [programs](/usc/42/274l–1.md?p=4) that dispense methadone as part of comprehensive [treatment](/usc/42/11851.md?p=11), a substantial majority admit all individuals seeking [services](/usc/42/201.md?p=a) to the [programs](/usc/42/274l–1.md?p=4) not later than 14 days after the individuals seek admission to the [programs](/usc/42/274l–1.md?p=4).
  - (2) **Evaluation by Secretary—** In evaluating whether any or all of the conditions described in [paragraph (1)](#b-1) have been met, the [Secretary](/usc/42/201.md?p=c) shall consult with the National Commission on Acquired Immune Deficiency Syndrome.
- (c) **Conditions for obtaining authorization from Secretary—**
  - (1) **In general—** In carrying out the requirement established in [subsection (a)](#a), the [Secretary](/usc/42/201.md?p=c) shall, after consultation with the National Commission on Acquired Immune Deficiency Syndrome, by regulation issue such conditions for [treatment](/usc/42/11851.md?p=11) [programs](/usc/42/274l–1.md?p=4) to obtain authorization from the [Secretary](/usc/42/201.md?p=c) to provide interim maintenance [treatment](/usc/42/11851.md?p=11) as may be necessary to carry out the purpose described in such subsection. Such conditions shall include conditions for preventing the unauthorized use of methadone.
  - (2) **Counseling on HIV disease—** The [regulations](/usc/42/201.md?p=d) issued under [paragraph (1)](#c-1) shall provide that an authorization described in such paragraph may not be issued to a [treatment](/usc/42/11851.md?p=11) [program](/usc/42/274l–1.md?p=4) unless the [program](/usc/42/274l–1.md?p=4) provides to recipients of the [treatment](/usc/42/11851.md?p=11) counseling on preventing exposure to and the transmission of HIV disease.
  - (3) **Permission of relevant State as condition of authorization—** The [regulations](/usc/42/201.md?p=d) issued under [paragraph (1)](#c-1) shall provide that the [Secretary](/usc/42/201.md?p=c) may not provide an authorization described in such paragraph to any [treatment](/usc/42/11851.md?p=11) [program](/usc/42/274l–1.md?p=4) in a [State](/usc/42/201.md?p=f) unless the chief public health officer of the [State](/usc/42/201.md?p=f) has certified to the [Secretary](/usc/42/201.md?p=c) that—
    - (A) such officer does not object to the provision of such authorizations to [treatment](/usc/42/11851.md?p=11) [programs](/usc/42/274l–1.md?p=4) in the [State](/usc/42/201.md?p=f); and
    - (B) the provision of interim maintenance [services](/usc/42/201.md?p=a) in the [State](/usc/42/201.md?p=f) will not reduce the capacity of comprehensive [treatment](/usc/42/11851.md?p=11) [programs](/usc/42/274l–1.md?p=4) in the [State](/usc/42/201.md?p=f) to admit individuals to the [programs](/usc/42/274l–1.md?p=4) (relative to the date on which such officer so certifies).
  - (4) **Date certain for issuance of regulations; failure of Secretary—** The [Secretary](/usc/42/201.md?p=c) shall issue the final rule for purposes of the [regulations](/usc/42/201.md?p=d) required in [paragraph (1)](#c-1), and such rule shall be effective, not later than the expiration of the 180-day period beginning on July 10, 1992. If the [Secretary](/usc/42/201.md?p=c) fails to meet the requirement of the preceding sentence, the proposed rule issued on March 2, 1989, with respect to part 291 of title 21, Code of Federal [Regulations](/usc/42/201.md?p=d) (docket numbered 88N–0444; 54 Fed. Reg. 8973 et seq.) is deemed to take effect as a final rule upon the expiration of such period, and the provisions of paragraph (3) of this subsection are deemed to be incorporated into such rule.
- (d) **Definitions—** For purposes of this section:
  - (1) The term “interim maintenance [services](/usc/42/201.md?p=a)” means the provision of methadone in a [treatment](/usc/42/11851.md?p=11) [program](/usc/42/274l–1.md?p=4) under the circumstances described in paragraphs [(1)](#a-1) and [(2)](#a-2) of subsection (a).
  - (2) The term “HIV disease” means infection with the etiologic agent for acquired immune deficiency syndrome.
  - (3) The term “[treatment](/usc/42/11851.md?p=11) [program](/usc/42/274l–1.md?p=4)” means a public or [nonprofit](/usc/42/300s–3.md?p=3) private [program](/usc/42/274l–1.md?p=4) of [treatment](/usc/42/11851.md?p=11) for dependence on heroin or other morphine-like [drugs](/usc/42/11851.md?p=4).

## Source credit

(July 1, 1944, ch. 373, title XIX, § 1976, as added Pub. L. 102–321, title II, § 204, July 10, 1992, 106 Stat. 412; amended Pub. L. 117–328, div. FF, title I, § 1241(b)(3), Dec. 29, 2022, 136 Stat. 5678.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 300y–11, act July 1, 1944, ch. 373, title XIX, § 1932, as added Aug. 13, 1981, Pub. L. 97–35, title IX, § 901, 95 Stat. 559; amended Jan. 4, 1983, Pub. L. 97–414, § 8(v), 96 Stat. 2063, related to applicability of other provisions and promulgation of regulations, prior to repeal by Pub. L. 99–280, § 5, Apr. 24, 1986, 100 Stat. 400.

Sections 300y–21 to 300y–27 terminated Jan. 1, 1991, pursuant to section 300y–27 and were omitted from the Code.

Section 300y–21, act July 1, 1944, ch. 373, title XIX, § 1931, as added Nov. 4, 1988, Pub. L. 100–607, title IV, § 408(a), 102 Stat. 3117, provided definitions for this part.

A prior section 1931 of act July 1, 1944, ch. 373, title XIX, as added Aug. 13, 1981, Pub. L. 97–35, title IX, § 901, 95 Stat. 559, provided criminal penalty for false statements and was classified to former section 300y–10 of this title, prior to repeal by Pub. L. 99–280, § 5, Apr. 24, 1986, 100 Stat. 400.

Section 300y–22, act July 1, 1944, ch. 373, title XIX, § 1932, as added Nov. 4, 1988, Pub. L. 100–607, title IV, § 408(a), 102 Stat. 3117, authorized appropriations for this part.

A prior section 1932 of act July 1, 1944, ch. 373, title XIX, as added Aug. 13, 1981, Pub. L. 97–35, title IX, § 901, 95 Stat. 559; amended Jan. 4, 1983, Pub. L. 97–414, § 8(v), 96 Stat. 2063, related to applicability of other provisions and promulgation of regulations and was classified to former section 300y–11 of this title, prior to repeal by Pub. L. 99–280, § 5, Apr. 24, 1986, 100 Stat. 400.

Section 300y–23, act July 1, 1944, ch. 373, title XIX, § 1933, as added Nov. 4, 1988, Pub. L. 100–607, title IV, § 408(a), 102 Stat. 3117, provided for allotments under this part.

Section 300y–24, act July 1, 1944, ch. 373, title XIX, § 1934, as added Nov. 4, 1988, Pub. L. 100–607, title IV, § 408(a), 102 Stat. 3118, provided for payments under allotments to States.

Section 300y–25, act July 1, 1944, ch. 373, title XIX, § 1935, as added Nov. 4, 1988, Pub. L. 100–607, title IV, § 408(a), 102 Stat. 3118, specified use of allotments.

Section 300y–26, act July 1, 1944, ch. 373, title XIX, § 1936, as added Nov. 4, 1988, Pub. L. 100–607, title IV, § 408(a), 102 Stat. 3119, provided for applications, requirements of the application, and description of activities.

Section 300y–27, act July 1, 1944, ch. 373, title XIX, § 1937, as added Nov. 4, 1988, Pub. L. 100–607, title IV, § 408(a), 102 Stat. 3120; amended Aug. 16, 1989, Pub. L. 101–93, § 5(f)(1)(B), 103 Stat. 612, provided for termination of this part effective Jan. 1, 1991.

### Amendments

2022—Subsecs. (a), (b)(1)(A). Pub. L. 117–328 substituted “intravenous use” for “intravenous abuse”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective July 10, 1992, with programs making awards providing financial assistance in fiscal year 1993 and subsequent years effective for awards made on or after Oct. 1, 1992, see section 801(b), (d)(1) of Pub. L. 102–321, set out as an Effective Date of 1992 Amendment note under section 236 of this title.