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HHS/CDC RIN: 0920-AA26 Publication ID: Fall 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: Completed Actions 
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  07/02/2009  74 FR 31798   
NPRM Comment Period End  08/17/2009    
Final Action  11/02/2009  74 FR 56547   
Final Action Effective  01/04/2010    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
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