Page:United States Statutes at Large Volume 102 Part 5.djvu/193

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4199

"(A) to carry out any program of distributing sterile needles for the hjTKxiermic injection of any illegal drug or distributing bleach for the purpose of cleansing needles for such h)T)odermic injection; and "(B) to carry out any testing for the etiologic agent for acquired immune deficiency syndrome unless such testing is accompanied by appropriate pre-test counseling and appropriate post-test counseling.". SEC. 2026. LIMITATION ON ADMINISTRATIVE EXPENSES.

Section 1915(d) of the Public Health Service Act (42 U.S.C. 300x3(d)) is amended by striking "10 percent" and inserting "5 percent". SEC. 2027. NEW MENTAL HEALTH SERVICES AND PROGRAMS.

Section 1916(c)(2) of the Public Health Service Act (42 U.S.C. 300x4(c)(2)) is amended to read as follows: "(2)(A) Of the amounts allotted to a State for mental health activities under this part for fiscal year 1991, the State agrees to use not less than 55 percent to develop and provide community mental health services and programs not available on October 1, 1988, and, with respect to each such service provided pursuant to this paragraph, to provide funds for each service only for a limited period of time (as determined by the State), except that funds expended under this part for new services developed between October 1, 1984, and October 1, 1988, may be treated as a new service under this paragraph. "(B) A State may request a waiver from the Secretary reducing the new service requirement established in subparagraph (A) to not less than 35 percent by 1991, increased to 55 percent by 1994, according to a schedule approved by the Secretary, if— "(i)(I) a public hearing is held in the State on the advisability of proceeding with a waiver prior to the submission of a waiver; and "(II) the mental health planning council in the State approves such waiver request; and (iiXD the State is judged by the Secretary to be in a Regulations. financial crisis, based on objective standards established in regulations promulgated by the Secretary (such standards may include a large drop in State revenues as a result of changes in economic conditions); "(II) more than 15 percent of the State's total community mental health budget is derived from Federal grants under this part and the Secretary determines that it is not feasible for the State to meet the 55 percent stendard without substantial and damaging reductions in existing, high priority services; or "(III) the Secretary determines that a State has demonstrated substantial ongoing development of new, innovative services for priority populations and that any shift in funding percentages will only disrupt this process and will substantially disrupt services in place.". SEC. 2028. INDEPENDENT PEER REVIEW AND MANNER OF COMPLIANCE.

Section 1916 of the Public Health Service Act (42 U.S.C. 300x-4) is amended: (1) in paragraph (5), by amending such paragraph to read as follows:

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