Federal · Title 42 — Public Health and Welfare
42 U.S.C. § 300dd: Requirement of provision of certain counseling services
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measures for the prevention of exposure to, and the transmission of, the etiologic agent for such syndrome; the accuracy and reliability of the results of such testing; the significance of the results of such testing, including the potential for developing acquired immune deficiency syndrome; and encouraging individuals, as appropriate, to undergo testing for such etiologic agent and providing information on the benefits of such testing. the information described in paragraphs (1) through (3) of such subsection; and the appropriateness of further counseling, testing, and education of the individual with respect to acquired immune deficiency syndrome. reviewing the information described in paragraphs (1) through (3) of subsection (a); reviewing the appropriateness of further counseling, testing, and education of the individual with respect to acquired immune deficiency syndrome; the importance of not exposing others to the etiologic agent for acquired immune deficiency syndrome; the availability in the geographic area of any appropriate services with respect to health care, including mental health care and social and support services; the benefits of locating and counseling any individual by whom the infected individual may have been exposed to the etiologic agent for acquired immune deficiency syndrome and any individual whom the infected individual may have exposed to such etiologic agent; and the availability, if any, of the services of public health authorities with respect to locating and counseling any individual described in paragraph (5). Agreements entered into pursuant to subsections (a) through (c) may not be construed to prohibit any grantee under section 300dd–31 of this title from expending the grant for the purpose of providing counseling services described in such subsections to an individual who will not undergo testing described in such section as a result of the grantee or the individual determining that such testing of the individual is not appropriate. The purpose of this subpart 1 is to provide for counseling and testing services to prevent and reduce exposure to, and transmission of, the etiologic agent for acquired immune deficiency syndrome. 1 So in original. Probably should be “part”. All individuals receiving counseling pursuant to this subpart 1 are to be counseled about the harmful effects of promiscuous sexual activity and intravenous substance abuse, and the benefits of abstaining from such activities. None of the fund appropriated to carry out this subpart 1 may be used to provide counseling that is designed to promote or encourage, directly, homosexual or heterosexual sexual activity or intravenous drug abuse. Paragraph (3) may not be construed to prohibit a counselor who has already performed the counseling of an individual required by paragraph (2), to provide accurate information about means to reduce an individual’s risk of exposure to, or the transmission of, the etiologic agent for acquired immune deficiency syndrome, provided that any informational materials used are not obscene.
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