Medical Examination of Aliens-Removal of Human Immunodeficiency Virus (HIV) Infection From Definition of Communicable Disease of Public Health Significance
public-health · Centers for Disease Control and Prevention · Rule · Published 2009-11-02 · Effective 2010-01-04 · 74 FR 56547
Document
Document number
E9-26337
Federal Register citation
74 FR 56547
CFR reference
42 CFR 34
Type
Rule
Action
Final rule.
Category
public-health
Sub-agency
Centers for Disease Control and Prevention
Publication date
2009-11-02
Effective date
2010-01-04
HHS docket
Docket No. CDC-2009-0003
Abstract
Through this final rule, the Centers for Disease Control and Prevention (CDC), within the U.S. Department of Health and Human Services (HHS), is amending its regulations to remove "Human Immunodeficiency Virus (HIV) infection" from the definition of communicable disease of public health significance and remove references to "HIV" from the scope of examinations for aliens. Prior to this final rule, aliens with HIV infection were considered to have a communicable disease of public health significance and were thus inadmissible to the United States per the Immigration and Nationality Act (INA). While HIV infection is a serious health condition, it is not a communicable disease that is a significant public health risk for introduction, transmission, and spread to the U.S. population through casual contact. As a result of this final rule, aliens will no longer be inadmissible into the United States based solely on the ground they are infected with HIV, and they will not be required to undergo HIV testing as part of the required medical examination for U.S. immigration.