42 U.S.C. § 300ff–27a — Spousal notification

FEDERAL · 42 U.S.C. · Chapter 6A

Spousal notification

Current through Pub. L. 119-102

Title 42 — The Public Health and Welfare·Ch. 6A — PUBLIC HEALTH SERVICE·Subch. XXIV·Pt. B

(a)In general The Secretary of Health and Human Services shall not make a grant under part B of title XXVI of the Public Health Service Act (42 U.S.C. 300ff–21 et seq.) to any State unless such State takes administrative or legislative action to require that a good faith effort be made to notify a spouse of a known HIV-infected patient that such spouse may have been exposed to the human immunodeficiency virus and should seek testing.

(b)Definitions For purposes of this section:

(1)Spouse The term "spouse" means any individual who is the marriage partner of an HIV-infected patient, or who has been the marriage partner of that patient at any time within the 10-year period prior to the diagnosis of HIV infection.

(2)HIV-infected patient The term "HIV-infected patient" means any individual

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(a) In general
The Secretary of Health and Human Services shall not make a grant under part B of title XXVI of the Public Health Service Act (42 U.S.C. 300ff–21 et seq.) to any State unless such State takes administrative or legislative action to require that a good faith effort be made to notify a spouse of a known HIV-infected patient that such spouse may have been exposed to the human immunodeficiency virus and should seek testing.
(b) Definitions
For purposes of this section:
(1) Spouse
The term "spouse" means any individual who is the marriage partner of an HIV-infected patient, or who has been the marriage partner of that patient at any time within the 10-year period prior to the diagnosis of HIV infection.
(2) HIV-infected patient
The term "HIV-infected patient" means any individual who has been diagnosed to be infected with the human immunodeficiency virus.
(3) State
The term "State" means any of the 50 States, the District of Columbia, or any territory of the United States.

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Source Credit

History

(Pub. L. 104–146, §8, May 20, 1996, 110 Stat. 1372.)

Editorial Notes

Editorial Notes

References in Text
The Public Health Service Act, referred to in subsec. (a), is act July 1, 1944, ch. 373, 58 Stat. 682. Part B of title XXVI of the Act is classified generally to this part. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.

Codification
Section was enacted as part of the Ryan White CARE Act Amendments of 1996, and not as part of the Public Health Service Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Effective Date
Section effective Oct. 1, 1996, see section 13 of Pub. L. 104–146, set out as an Effective Date of 1996 Amendment note under section 300ff–11 of this title.