Proposal to Remove HIV as a Disease of Public Health Significance
Posted Jul 10, 2009
©MurthyDotCom
The Centers for Disease Control and Prevention (CDC), an agency within the U.S. Department of Health and Human Services (HHS), has published a notice of proposed rule making (NPRM) that would eliminate human immunodeficiency virus (HIV) as one of the communicable diseases of public health significance that makes an individual inadmissible to the United States. This proposed rule was published in the Federal Register on July 2, 2009. There is a comment period until August 17, 2009. The existing regulations remain in place until the effective date of any revised regulation. This will require a separate publication in the Federal Register.
©MurthyDotCom
History of Ban on Admission to Those with HIV
©MurthyDotCom
The U.S. government passed a law in 1987 that specifically banned entry to the United States for anyone infected with HIV or acquired immune deficiency syndrome (AIDS). In July 2008, the U.S. Congress repealed this statute. Prior to the repeal, anyone with HIV/AIDS seeking to travel to or immigrate into the United States had to obtain a waiver of automatic inadmissibility under the Immigration and Nationality Act (INA). An explanation of these waivers was included in our November 16, 2007 NewsBrief entitled, DHS Proposal to Permit B-1/B-2 Entry for HIV-Infected Visa Applicants, available on MurthyDotCom. However, this repeal did not eliminate HIV as a ground of inadmissibility.
©MurthyDotCom
HIV Waiver Still Required Under Current Law
©MurthyDotCom
Since the July 30, 2008 repeal of the 1987 law, HIV-infected individuals have still been required to obtain waivers of their inadmissibility from the secretary of HHS. The current law treats HIV/AIDS like any other communicable disease that poses a potential public health risk. Individuals who want to enter the United States on nonimmigrant or immigrant visas must first undergo medical examinations that include the test for HIV/AIDS. Any HIV/AIDS-infected person must then request a waiver that may be granted by the secretary of HHS, if it is found that the nonimmigrant or immigrant does not pose an individual public health risk. Thus, while the law no longer requires HIV to be a ground of inadmissibility, it leaves that determination in the hands of HHS as a regulatory matter.
©MurthyDotCom
HIV is not a Communicable Disease Posing Significant Threat
©MurthyDotCom
The CDC's proposed change to remove HIV would amend its regulations regarding the definition of communicable disease of public health significance. The regulations governing medical examinations for those seeking entry into the United States would also change, removing mention of HIV from the scope of such medical examinations. While recognizing that HIV is a serious health condition, the CDC's proposal notes that HIV is not a communicable disease that poses a significant threat for transmission through casual contact. As a result of the CDC's proposed change, individuals no longer would be automatically inadmissible based solely on the grounds that they are infected with HIV.
©MurthyDotCom
Public Comment Invited for Proposed Rule

The proposed rule is open for public comment, which must be received on or before August 17, 2009. The instructions for submission of comments are contained within the proposed rule.
©MurthyDotCom
Conclusion
©MurthyDotCom
This change reflects the significant advances in scientific understanding of HIV/AIDs. We at the Murthy Law Firm will keep readers apprised of any further developments.