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42 U.S.C. § 274f–5 — Criteria, standards, and regulations with respect to organs infected with HIV
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 2 years after November 21, 2013, the Secretary shall develop and publish criteria for the conduct of research relating to transplantation of organs from donors infected with human immunodeficiency virus (in this section referred to as “HIV”) into individuals who are infected with HIV before receiving such organ.
**(b) Corresponding changes to standards and regulations applicable to research** Not later than 2 years after November 21, 2013, to the extent determined by the Secretary to be necessary to allow the conduct of research in accordance with the criteria developed under subsection (a)—
(1) the Organ Procurement and Transplantation Network shall revise the standards of quality adopted under [section 274(b)(2)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274/b/2/E&num=0&edition=prelim); and
(2) the Secretary shall revise section 121.6 of title 42, Code of Federal Regulations (or any successor regulations).
**(c) Revision of standards and regulations generally** Not later than 4 years after November 21, 2013, and annually thereafter, the Secretary,11 So in original. The comma probably should not appear. shall—
(1) review the results of scientific research in conjunction with the Organ Procurement and Transplantation Network to determine whether the results warrant revision of the standards of quality adopted under [section 274(b)(2)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274/b/2/E&num=0&edition=prelim) with respect to donated organs infected with HIV and with respect to the safety of transplanting an organ with a particular strain of HIV into a recipient with a different strain of HIV;
(2) if the Secretary determines under pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 274f–5
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Stable record: federal_law:legal_authorities:record_usc_bd1b0b6d4cccf7e8c5c961a1
Source file: Laws/federal/codes/united-states-code/title-42/section-274f5-criteria-standards-and-regulations-with-respect-to-organs-infected-with--ad07fc9c4e.md
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Source location: Title 42, Chapter 6A, § 274f–5; chapter-6a-public-health-service.md
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**(a) In general** Not later than 2 years after November 21, 2013, the Secretary shall develop and publish criteria for the conduct of research relating to transplantation of organs from donors infected with human immunodeficiency virus (in this section referred to as “HIV”) into individuals who are infected with HIV before receiving such organ.
**(b) Corresponding changes to standards and regulations applicable to research** Not later than 2 years after November 21, 2013, to the extent determined by the Secretary to be necessary to allow the conduct of research in accordance with the criteria developed under subsection (a)—
(1) the Organ Procurement and Transplantation Network shall revise the standards of quality adopted under [section 274(b)(2)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274/b/2/E&num=0&edition=prelim); and
(2) the Secretary shall revise section 121.6 of title 42, Code of Federal Regulations (or any successor regulations).
**(c) Revision of standards and regulations generally** Not later than 4 years after November 21, 2013, and annually thereafter, the Secretary,11 So in original. The comma probably should not appear. shall—
(1) review the results of scientific research in conjunction with the Organ Procurement and Transplantation Network to determine whether the results warrant revision of the standards of quality adopted under [section 274(b)(2)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274/b/2/E&num=0&edition=prelim) with respect to donated organs infected with HIV and with respect to the safety of transplanting an organ with a particular strain of HIV into a recipient with a different strain of HIV;
(2) if the Secretary determines under paragraph (1) that such results warrant revision of the standards of quality adopted under [section 274(b)(2)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274/b/2/E&num=0&edition=prelim) with respect to donated organs infected with HIV and with respect to transplanting an organ with a particular strain of HIV into a recipient with a different strain of HIV, direct the Organ Procurement and Transplantation Network to revise such standards, consistent with [section 274 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274&num=0&edition=prelim) and in a way that ensures the changes will not reduce the safety of organ transplantation; and
(3) in conjunction with any revision of such standards under paragraph (2), revise section 121.6 of title 42, Code of Federal Regulations (or any successor regulations).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall provide for the continued operation of an Organ Procurement and Transplantation Network which meets the requirements of subsection (b). The Secretary may award grants, contracts, or cooperative agreements, as the Secretary determines appropriate, for purposes of carrying out this section.
**(b) Composition**
(1) **In general.—** — The Organ Procurement and Transplantation Network shall—
(A) be operated through awards to public or private entities made by the Secretary that are distinct from the awards made to support the organization tasked with supporting the board of directors described in subparagraph (B); and
(B) have a board of directors—
(i) that includes representatives of organ procurement organizations (including organizations that have received grants under [section 273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section273&num=0&edition=prelim)), transplant centers, voluntary health associations, and the general public; and
(ii) that shall establish an executive committee and other committees, whose chairpersons shall be selected to ensure continuity of leadership for the board.
(2) The Organ Procurement and Transplantation Network shall—
(A) establish in one location or through regional centers—
(i) a national list of individuals who need organs, and
(ii) a national system, through the use of computers and in accordance with established medical criteria, to match organs and individuals included in the list, especially individuals whose immune system makes it difficult for them to receive organs,
(B) establish membership criteria and medical criteria for allocating organs and provide to members of the public an opportunity to comment with respect
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 274
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Whoever, after testing positive for the Human Immunodeficiency Virus (HIV) and receiving actual notice of that fact, knowingly donates or sells, or knowingly attempts to donate or sell, blood, semen, tissues, organs, or other bodily fluids for use by another, except as determined necessary for medical research or testing or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act, shall be fined or imprisoned in accordance with subsection (c).
**(b) Transmission Not Required.—** Transmission of the Human Immunodeficiency Virus does not have to occur for a person to be convicted of a violation of this section.
**(c) Penalty.—** Any person convicted of violating the provisions of subsection (a) shall be subject to a fine under this title of not less than $10,000, imprisoned for not less than 1 year nor more than 10 years, or both.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1122
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