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§ 300ff–61. Confidentiality and informed consent
(a)
Confidentiality
The Secretary may not make a grant under this part unless, in the case of any entity applying for a grant under section
300ff–51 of this title, the entity agrees to ensure that information regarding the receipt of early intervention services pursuant to the grant is maintained confidentially in a manner not inconsistent with applicable law.
(b)
Informed consent
(1)
In general
The Secretary may not make a grant under this part unless the applicant for the grant agrees that, in testing an individual for HIV disease, the applicant will test an individual only after obtaining from the individual a statement, made in writing and signed by the individual, declaring that the individual has undergone the counseling described in section
300ff–62
(a) of this title and that the decision of the individual with respect to undergoing such testing is voluntarily made.
(2)
Provisions regarding anonymous testing
(A)
If, pursuant to section
300ff–64
(b) of this title, an individual will undergo testing pursuant to this part through the use of a pseudonym, a grantee under such section shall be considered to be in compliance with the agreement made under paragraph (1) if the individual signs the statement described in such subsection using the pseudonym.
(B)
If, pursuant to section
300ff–64
(b) of this title, an individual will undergo testing pursuant to this part without providing any information relating to the identity of the individual, a grantee under such section shall be considered to be in compliance with the agreement made under paragraph (1) if the individual orally provides the declaration described in such paragraph.
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