Proposing to revise the Part 34 regulation to remove “Human Immunodeficiency Virus (HIV) infection” from the definition of “communicable disease of public health significance”, the Centers for Disease Control and Prevention (CDC), within the U.S. Department of Health and Human Services (HHS), has published a Notice of Proposed Rulemaking (NPRM). Interested parties may submit written comments through mail or electronically via internet on or before 45 days after publication of the notice in the Federal Register. Public may view these comments either in person at a predetermined time or by visiting CDC or regulations.gov Web sites. HHS/CDC is also proposing to remove references to “HIV” from the scope of examinations in its regulations. Aliens infected with a “communicable disease of public health significance” are inadmissible into the United States under the Immigration and Nationality Act (INA).

There are other diseases, including sexually transmitted diseases, which CDC may remove from the definition of “communicable disease of public health significance” through future rulemaking after scientific review. While HIV infection is a serious health condition, it does not represent a communicable disease that is a significant threat for introduction, transmission, and spread to the U.S. population through casual contact. Because of these proposed regulatory changes, aliens would no longer be inadmissible into the United States based solely on the grounds they are infected with HIV and they would no longer undergo HIV testing as part of the routine medical examination.

For complete information, please click Advance Copy of CDC Notice: Medical Examination of Aliens – Removal of Human Immunodeficiency Virus (HIV) infection from List of Communicable Disease of Public Health Significance