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HHS/CDC

RIN: 0920-AA26

Publication ID: Spring 2009

Title: Medical Examination of Aliens: Removal of HIV Infection as a Communicable Disease of Public Health Significance
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 aligns with 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: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Yes	Unfunded Mandates: No
CFR Citation: 42 CFR 34
Legal Authority: 42 USC 252 8 USC 1182 8 USC 1222

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	08/00/2009

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