Page:United States Statutes at Large Volume 102 Part 1.djvu/541

 PUBLIC LAW 100-322—MAY 20, 1988

102 STAT. 503

(2) by inserting after subsection (e) the following new subsection (f): "(fKD Notwithstanding subsection (a) of this section but subject to Health care paragraph (2) of this subsection, a physician or a professional coun- professionals, selor may disclose information or records indicating that a patient or subject is infected with the human immunodeficiency virus if the disclosure is made to (A) the spouse of the patient or subject, or (B) to an individual whom the patient or subject has, during the process of professional counseling or of testing to determine whether the patient or subject is infected with such virus, identified as being a sexual partner of such patient or subject. "(2)(A) A disclosure under paragraph (1) of this subsection may be made only if the physician or counselor, after making reasonable efforts to counsel and encourage the patient or subject to provide the. information to the spouse or sexual partner, reasonably believes that the patient or subject will not provide the information to the spouse or sexual partner and that the disclosure is necessary to protect the health of the spouse or sexual partner. "(B) A disclosure under such paragraph may be made by a physician or counselor other than the physician or counselor referred to in subparagraph (A) of this paragraph if such physician or counselor is unavailable by reason of absence or termination of employment to make the disclosure. (d) PENALTY FOR UNAUTHORIZED DISCLOSURE.—Subsection (g) of

such section (as redesignated by paragraph (4)(A)) is amended by striking out "shall be fined" and all that follows and inserting in lieu thereof "shall be fined, in the case of a first offense, up to the maximum amount provided under section 3301(f) of this title for a first offense under that section and, in the case of a subsequent offense, up to the maximum amount provided under section 3301(f) of this title for a subsequent offense under that section.". (e) CROSS-REFERENCE AMENDMENTS.—(1) Subsection (a) of such section is amended by striking out "subsection (e)" and inserting in lieu thereof "subsections (e) and (f)". (2) Subsection (c) of such section is amended by striking out "subsection (b)(2)(C)" and inserting in lieu thereof "subsection OaX2XD)". SEC. 122. NONDISCRIMINATION. (a) ADMISSION AND TREATMENT OF PERSONS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS.—-Sections 4133 and 4134 are

amended to read as follows: "§ 4133. Nondiscrimination against alcohol and drug abusers and persons infected with the human immunodeficiency virus "(a) Veterans eligible for treatment under chapter 17 of this title who are alcohol or drug abusers or who are infected with the human immunodeficiency virus shall not be discriminated against in admission or treatment by any Veterans' Administration health-care facility solely because of their alcohol or drug abuse or dependency or because of their viral infection. "(b) The Administrator shall prescribe regulations for the enforce- Regulations, ment of this section. Such regulations, with respect to the admission and treatment of such veterans who are alcohol or drug abusers, shall be prescribed in accordance with section 4134 of this title.

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