§300ff–47. Requirement of State law protection against intentional transmission

(a) In general

The Secretary may not make a grant under section 300ff–41 of this title 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) of this section, 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 to 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) of this section need not apply to circumstances under which the conduct described in paragraphs (1) through (3) of subsection (a) of this section 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) of this section as a condition of receiving a grant under section 300ff–41 of this title, the Secretary may not require a State to enact any statute, or to issue any regulation, if the chief executive officer of the State certifies to the Secretary that the laws 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) of this section, is sufficient for compliance with this section.

(d) Time limitations with respect to required laws

With respect to receiving a grant under section 300ff–41 of this title, if a State is unable to certify compliance with subsection (a) of this section, 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 will have in place or will establish the prohibitions described in subsection (a) of this section; and

(2) for fiscal year 1993 and subsequent fiscal years, the State has established such prohibitions.

(July 1, 1944, ch. 373, title XXVI, §2647, as added Pub. L. 101–381, title III, §301(a), Aug. 18, 1990, 104 Stat. 603 ; amended Pub. L. 101–502, §6(c), Nov. 3, 1990, 104 Stat. 1291 ; Pub. L. 104–146, §12(c)(4), May 20, 1996, 110 Stat. 1373 .)

Amendments

1996-Subsec. (a)(1). Pub. L. 104–146, §12(c)(4)(A), which directed insertion of "to" before "HIV", was executed by making the insertion before "HIV" the second time appearing to reflect the probable intent of Congress.

Subsec. (c). Pub. L. 104–146, §12(c)(4)(B), substituted "section 300ff–41" for "section 300ff–11".

Subsec. (d). Pub. L. 104–146, §12(c)(4)(C)(i), substituted "section 300ff–41" for "section 300ff–11" in introductory provisions.

Subsec. (d)(1). Pub. L. 104–146, §12(c)(4)(C)(ii), substituted "will have in place" for "has in place".

1990-Subsec. (c). Pub. L. 101–502 inserted "certifies to the Secretary that the laws of the State" before "are adequate" in first sentence and substituted "subsection (a) of this section," for "subsection (a) of this section" in second sentence.

Effective Date of 1996 Amendment

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