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HHS/CDC RIN: 0920-AA26 Publication ID: Fall 2008 
Title: ●Medical Examination of Aliens 
Abstract: Under the authority of section 212(a)(1)(A) of the Immigration and Nationality Act (INA) and section 325 of the Public Health Service Act, the Secretary of Health and Human Services promulgates regulations outlining the requirements for the medical examination of aliens and a list of any “communicable disease of public health significance” that make aliens ineligible for entry into the United States. HIV is currently included in this list of communicable diseases as defined in 42 CFR part 34: Medical Examination of Aliens. CDC is proposing to remove HIV as a “communicable disease of public health significance” in 42 CFR part 34.2 (b). This action supports an amendment in the United States Global Leadership Against HIV/AIDS, Tuberculosis and Malaria Reauthorization Act of 2008, signed on July 30, 2008, that removed language in the Immigration and Nationality Act that explicitly prohibited HIV-positive non-citizens from entering the United States without a visa waiver. 
Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 42 CFR 34   
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2008    
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Stacy Howard
Health Scientist
Department of Health and Human Services
Centers for Disease Control and Prevention
MS E-03, 1600 Clifton Road NE.,
Atlanta, GA 30329
Phone:404 498-1600
Email: showard@cdc.gov