104 STAT. 616 PUBLIC LAW 101-381—AUG. 18, 1990 officer of the prison determines that there is a reasonable basis for believing that the employee has been exposed by the individual to such disease; and "(B) informs the employees of the availability to the employees of such results under the conditions described in subparagraph (A); "(3) with respect to informing the spouse of the individual of the results of such testing of the individual, the State— "(A) upon the request of the spouse, provides such results to the spouse prior to any conjugal visit and provides such results to the spouse during the period described in paragraph (1)(B); and "(B) informs the spouse of the availability to the spouse of such results under the conditions described in subparagraph (A); "(4) with respect to such testing upon entering the State penal system of such an individual who has been convicted of rape or aggravated sexual assault, the State— "(A) upon the request of the victim of the rape or assault, provides such results to the victim; and "(B) informs the victim of the availability to the victim of such results; and Classified "(5) the State, except as provided in any of paragraphs (2) information. through (4), maintains the confidentiality of the results of testing for HIV disease in each prison operated by the State or with amounts provided by the State, and makes disclosures of such results only as medically necessary. "(d) DETERMINATION OF PRISONS SUBJECT TO REQUIREMENT.— "(1) IN GENERAL.—The Secretary may not make a grant under subsection (a) unless the State involved agrees that the requirement established in such subsection regarding the provision of early intervention services to inmates will apply only to inmates who are incarcerated in prisons with respect to which the State public health officer, after consultation with the chief State correctional officer, has, on the basis of the criteria described in paragraph (2), determined that the provision of such services is appropriate with respect to the public health and safety. "(2) DESCRIPTION OF CRITERIA. —The criteria to be considered for purposes of paragraph (1) are— ' (A) with respect to the geographic areas in which inmates of the prison involved resided before incarceration in the prison— (i) the severity of the epidemic of HIV disease in the areas during the period in which the inmates resided in the areas; and "(ii) the incidence, in the areas during such period, of behavior that places individuals at significant risk of developing HIV disease; and "(B) the extent to which medical examinations conducted by the State for inmates of the prison involved indicate that the inmates have engaged in such behavior. "(e) APPLICABILITY OF PROVISIONS REGARDING INFORMED CON- SENT, COUNSELING, AND OTHER MATTERS.—The Secretary may not make a grant under subsection (a) unless the State involved sigrees that sections 2641(b)(4), 2662, and 2664(c) will apply to the provision of early intervention services pursuant to the grant in the same
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