HHS-CDC Proposal to Lift HIV Travel Ban

A proposed HHS-CDC Rule seeks to lift the HIV Travel Ban by removing HIV infection from the List of Communicable Diseases of Public Health Significance. The Proposed Rule will be published in the Federal Register on June 30, 2009. It will eliminate HIV from the List of Communicable Diseases of Public Health Significance. In addition, it will remove the HIV testing requirement from required medical examinations.

As mentioned in a previous post, following a mandated public comment period of 45 days from the publication date of the proposed “Rule to Remove the HIV Travel Ban” in the Federal Register (June 30, 2009), HHS-CDC will review all commentary, draft a final rule, and publish the final rule, which will become effective 3o to 60 days from publication. Once the rule becomes effective, this will end the US HIV Travel Ban.

HHS-CDC has determined that HIV infection, although a serious health condition, does not represent a significant threat for spread to the US population through casual contact. That is, HIV+ individuals entering the US do not pose a public health risk to the general population through casual contact. The Proposed Rule states: “[t]hese changes reflect current scientific knowledge and public health best practices and will have the benefit of removing stigmatization of and discrimination against people who are HIV infected.”

List of Communicable Diseases of Public Health Significance

The List of Communicable Diseases of Public Health Significance, in addition to HIV, includes the following:

• Active tuberculosis.
• Infectious syphilis.
• Gonorrhea.
• Infectious leprosy.
• Chanchroid.
• Lympogranuloma venereum.
• Granuloma inguinale.
• Quarantinable diseases designated by Presidential Executive Order. And,
• Communicable disease that may pose a public health emergency of international concern in accordance with the International Health Regulations of 2005.

Admission into the US as a lawful permanent resident requires screening for diseases on the list. If an applicant has one, they are inadmissible and must seek a waiver if they wish to enter the US.

Temporary visitors are not normally subject to medical examinations. But a consular officer may order one to determine if they have a listed disease. Those infected with a disease on the List (above) are inadmissible without a waiver. In nearly all circumstances, waivers for HIV+ nonimmigrant visa applicants are burdensome and very short-term.

The proposed rule eliminates obstacles for HIV+ individuals to visit, live and work in the US. It also eliminates privacy issues that may arise from mandatory medical examinations and reduce stigmatization.