[Federal Register: October 20, 2008 (Volume 73, Number 203)]
[Rules and Regulations]               
[Page 62210-62211]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc08-9]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

42 CFR Part 34

[Docket No. CDC-2008-0002]
RIN 0920-AA20

 
Medical Examination of Aliens--Revisions to Medical Screening 
Process

AGENCY: Centers for Disease Control and Prevention, U.S. Department of 
Health and Human Services.

ACTION: Correcting amendments.

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SUMMARY: The Centers for Disease Control and Prevention (CDC), within 
the U.S. Department of Health and Human Services (HHS), published an 
Interim Final Rule in the Federal Register on October 6, 2008 (73 FR 
58047), updating regulations that govern medical examinations that 
aliens must undergo before they may be admitted to the United States. 
This document corrects an omission contained in the rule.

DATES: Effective on October 20, 2008.

FOR FURTHER INFORMATION, CONTACT: Stacy M. Howard, Division of Global 
Migration and Quarantine, Centers for Disease Control and Prevention, 
U.S. Department of Health and Human Services, 1600 Clifton Road, NE., 
E03, Atlanta, GA 30333; telephone 404-498-1600.

SUPPLEMENTARY INFORMATION: The Centers for Disease Control and 
Prevention (CDC), within the U.S. Department of Health and Human 
Services (HHS), published an Interim Final Rule in the Federal Register 
of October 6, 2008, FR Doc. E8-23485, (73 FR 58047) updating 
regulations that govern medical examinations that aliens must undergo 
before they may be

[[Page 62211]]

admitted to the United States. CDC inadvertently omitted an exception 
to the chest x-ray examination for aliens in the United States who 
apply for adjustment of status to permanent resident. CDC is publishing 
this correction to clarify that an alien of any age in the United 
States who applies for adjustment of status to permanent resident shall 
not be required to have a chest x-ray examination unless their 
tuberculin skin test, or an equivalent test that shows an immune 
response to Mycobacterium tuberculosis, is positive.

List of Subjects in 42 CFR Part 34

    Aliens, Health care, Scope of examination, Passports and visas, 
Public health.

0
Accordingly, 42 CFR part 34 is corrected by making the following 
correcting amendments:

PART 34--MEDICAL EXAMINATION OF ALIENS

0
1. The authority citation for part 34 continues to read as follows:

    Authority: 42 U.S.C. 252; 8 U.S.C. 1182 and 1222.


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2. Amend Sec.  34.3 by revising paragraph (e)(2)(iv) to read as 
follows:


Sec.  34.3  Scope of examinations.

* * * * *
    (e) * * *
    (2) * * *
    (iv) Exceptions. Serologic testing for syphilis and HIV shall not 
be required if the alien is under the age of 15, unless there is a 
reason to suspect infection with syphilis or HIV. An alien, regardless 
of age, in the United States who applies for adjustment of status to 
lawful permanent resident shall not be required to have a chest x-ray 
examination unless their tuberculin skin test, or an equivalent test 
for showing an immune response to Mycobacterium tuberculosis antigens, 
is positive. HHS/CDC may authorize exceptions to the requirement for a 
tuberculin skin test, an equivalent test for showing an immune response 
to Mycobacterium tuberculosis antigens, or chest X-ray examination for 
good cause, upon application approved by the Director.
* * * * *

    Dated: October 14, 2008.
Ann C. Agnew,
Executive Secretary, Department of Health and Human Services.
 [FR Doc. E8-24797 Filed 10-17-08; 8:45 am]

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