US Code

Public Law 119-102 (07/12/2026)

42 U.S.C. § 274f–5

Criteria, standards, and regulations with respect to organs infected with HIV

Section text and notes

(a)

In general

Not later than 2 years after , 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 , 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)
section 274(b)(2)(E) of this title the Organ Procurement and Transplantation Network shall revise the standards of quality adopted under ; 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

1
1 So in original. The comma probably should not appear.
Not later than 4 years after , and annually thereafter, the Secretary, shall—
(1)
section 274(b)(2)(E) of this title 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 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)
section 274(b)(2)(E) of this titlesection 274 of this title if the Secretary determines under paragraph (1) that such results warrant revision of the standards of quality adopted under 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 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).

July 1, 1944, ch. 373 Pub. L. 113–51, § 2(b)127 Stat. 580 (, title III, § 377E, as added , , .)