[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR58.4]

[Page 293-294]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 58--HUMAN IMMUNODEFICIENCY VIRUS (HIV-1)--Table of Contents
 
Sec. 58.4  Policy.

    It is DoD policy to:
    (a) Deny eligibility for appointment or enlistment for Military 
Service to individuals with serologic evidence of HIV-1 infection.
    (b) Screen active duty (AD) and Reserve component military personnel 
periodically for serologic evidence of HIV-1 infection.
    (c) Refer AD personnel with serologic evidence of HIV-1 infection 
for a medical evaluation of fitness for continued service in the same 
manner as personnel with other progressive illnesses,

[[Page 294]]

as specified in DoD Directive 1332.18.\1\ Medical evaluation shall be 
conducted in accordance with the standard clinical protocol, as 
described in the Standard Clinical Protocol.\2\ Individuals with 
serologic evidence of HIV-1 infection who are fit for duty shall not be 
retired or separated solely on the basis of serologic evidence of HIV-1 
infection. AD personnel with serological evidence of HIV-1 infection or 
who are ELISA repeatedly reactive, but WB negative or indeterminate, 
shall be advised to refrain from donating blood.
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    \1\ Copies may be obtained at cost, from the National Technical 
Information Services, 5285 Port Royal Road, Springfield, VA 22161.
    \2\ Forward requests for copies to the Office of the Assistant 
Secretary of Defense (Health Affairs), the Pentagon, Washington, DC 
20301-1200.
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    (d) Deny eligibility for extended AD (duty for a period of more than 
30 days) to those Reserve component members with serologic evidence of 
HIV-1 infection (except under conditions of mobilization and on the 
decision of the Secretary of the Military Department concerned). Reserve 
component members who are not on extended AD or who are not on extended 
full-time National Guard duty, and who show serologic evidence of HIV-1 
infection, shall be transferred involuntarily to the Standby Reserve 
only if they cannot be utilized in the Selected Reserve.
    (e) Retire or separate AD or Reserve Service members infected with 
HIV-1 who are determined to be unfit for further duty, as implemented in 
DoD Directive 1332.18.
    (f) Ensure the safety of the blood supply through policies of the 
Head of the Armed Services Blood Program Office, the FDA guidelines, and 
the accreditation requirements of the Head of the American Association 
of Blood Banks.
    (g) Comply with applicable statutory limitations on the use of the 
information obtained from a Service member during, or as a result of, an 
epidemiologic assessment interview and the results obtained from 
laboratory tests for HIV-1, as provided in this part.
    (h) Control transmission of HIV-1 through an aggressive disease 
surveillance and health education program.
    (i) Provide education and voluntary HIV-1 serologic screening for 
DoD healthcare beneficiaries (other than Service members).
    (j) Comply with host-nation requirements for HIV-1 screening of DoD 
civilian employees, as described in appendix B to this part.