Page:United States Statutes at Large Volume 104 Part 1.djvu/637

 PUBLIC LAW 101-381—AUG. 18, 1990 104 STAT. 603 the determination of the officer, carry out a program of partner notification regarding cases of HIV disease. "(c) RULES OF CONSTRUCTION. —An agreement made under this section may not be construed— "(1) to require or prohibit any State from providing that identifying information concerning individuals with HIV disease is required to be submitted to the State; or "(2) to require any State to estabhsh a requirement that entities other than the public health officer of the State are required to make the notifications referred to in subsection (b). "SEC. 2647. REQUIREMENT OF STATE LAW PROTECTION AGAINST INTEN- 42 USC 300ff-47. TIONAL TRANSMISSION. "(a) IN GENERAL. —The Secretary may not make a grant under section 2641 to a State unless the chief executive officer determines that the criminal laws of the State are adequate to prosecute any HIV infected individual, subject to the condition described in subsection (b), who— "(1) makes a donation of blood, semen, or breast milk, if the individual knows that he or she is infected with HIV and intends, through such donation, to expose another HIV in the event that the donation is utilized; "(2) engages in sexual activity if the individual knows that he or she is infected with HIV and intends, through such sexual activity, to expose another to HIV; and "(3) injects himself or herself with a hypodermic needle and subsequently provides the needle to another person for purposes of hypodermic injection, if the individual knows that he or she is infected and intends, through the provision of the needle, to expose another to such etiologic agent in the event that the needle is utilized. "(b) CONSENT TO RISK OF TRANSMISSION.—The State laws described in subsection (a) need not apply to circumstances under which the conduct described in paragraphs (1) through (3) of subsection (a) if the individual who is subjected to the behavior involved knows that the other individual is infected and provides prior informed consent to the activity. " (c) STATE CERTIFICATION WITH RESPECT TO REQUIRED LAWS.— With respect to complying with subsection (a) as a condition of receiving a grant under section 2601, the Secretary may not require a State to enact any statute, or to issue any regulation, if the chief executive officer of the State are adequate. The existence of a criminal law of general application, which can be applied to the conduct described in paragraphs (1) through (3) of subsection (a) is sufficient for compliance with this section. " (d) TIME LIMITATIONS WITH RESPECT TO REQUIRED LAWS.— With respect to receiving a grant under section 2601, if a State is unable to certify compliance with subsection (a), the Secretary may make a grant to a State under such section if— "(1) for each of the fiscal years 1991 and 1992, the State provides assurances satisfactory to the Secretary that by not later than October 1, 1992, the State has in place or will establish the prohibitions described in subsection (a); and "(2) for fiscal year 1993 and subsequent fiscal years, the State has established such prohibitions.

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