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HIV Entry Ban Repealed

by Astrid Fiano, DOTmed News Writer | December 30, 2009
Law & Order
This report originally appeared in the December 2009 issue of DOTmed Business News

Through a final rule, the Centers for Disease Control and Prevention (CDC) is amending its regulations to remove ``Human Immunodeficiency Virus (HIV) infection'' from the definition of communicable disease of "public health significance" and remove references to ``HIV'' from the scope of examinations for aliens.

Prior to this final rule, aliens with HIV infection were inadmissible to the United States per the Immigration and Nationality Act (INA). The CDC now feels that while HIV infection is a serious health condition, it is not a communicable disease that is a significant public health risk for introduction, transmission, and spread to the U.S. population through casual contact. Therefore, as of January 1, 2010, aliens will no longer be inadmissible into the U.S. solely on the basis of HIV infection, and will not be required to undergo HIV testing as part of the required medical examination for U.S. immigration.

Department of Health and Human Services Secretary Kathleen Sebelius said, "Though the United States has been a leader worldwide when it comes to ending the stigma of HIV/AIDS, we've been one of only 12 countries who, by their policies, still enable the myth that HIV/AIDS is a threat. Lifting the HIV "entry ban" represents the same blow against stigma that Ryan White himself fought for from the time he was 13 years old and contracted HIV/AIDS." She added, "The ability to travel freely and have access to affordable health care should be available to everyone. This change has been a long time coming, and I am pleased it is happening now."