[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR34.2]



[Page 107-108]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 34_MEDICAL EXAMINATION OF ALIENS--Table of Contents

 

Sec. 34.2  Definitions.



    As used in this part, terms shall have the following meanings:

    (a) CDC. Centers for Disease Control, Public Health Service, U.S. 

Department of Health and Human Services.

    (b) Communicable disease of public health significance. Any of the 

following diseases:

    (1) Chancroid.

    (2) Gonorrhea.

    (3) Granuloma inguinale.

    (4) Human immunodeficiency virus (HIV) infection.

    (5) Leprosy, infectious.

    (6) Lymphogranuloma venereum.

    (7) Syphilis, infectious stage.

    (8) Tuberculosis, active.

    (c) Civil surgeon. A physician, with not less than 4 years' 

professional experience, selected by the District Director of INS to 

conduct medical examinations of aliens in the United States who are 

applying for adjustment of status to permanent residence or who are 

required by the INS to have a medical examination.

    (d) Class A medical notification. Medical notification of:

    (1) A communicable disease of public health significance;

    (2)(i) A physical or mental disorder and behavior associated with 

the disorder that may pose, or has posed, a threat to the property, 

safety, or welfare of the alien or others;

    (ii) A history of a physical or mental disorder and behavior 

associated with the disorder, which behavior has posed a threat to the 

property, safety, or welfare of the alien or others and which behavior 

is likely to recur or lead to other harmful behavior; or

    (3) Drug abuse or addiction.

    (e) Class B medical notification. Medical notification of a physical 

or mental abnormality, disease, or disability serious in degree or 

permanent in nature amounting to a substantial departure from normal 

well-being.

    (f) Director. The Director of the Centers for Disease Control.

    (g) Drug abuse. The non-medical use of a substance listed in section 

202 of the Controlled Substances Act, as amended (21 U.S.C. 802) which 

has not necessarily resulted in physical or psychological dependence.

    (h) Drug addiction. The non-medical use of a substance listed in 

section 202 of the Controlled Substances Act, as amended (21 U.S.C. 802) 

which has resulted in physical or psychological dependence.

    (i) INS. Immigration and Naturalization Service, U.S. Department of 

Justice.

    (j) Medical examiner. A panel physician, civil surgeon, or other 

physician designated by the Director to perform medical examinations of 

aliens.

    (k) Medical hold document. A document issued to the INS by a 

quarantine inspector of the Public Health Service at a port of entry 

which defers the inspection for admission until the cause of the medical 

hold is resolved.

    (l) Medical notification. A document issued to a consular authority 

or the INS by a medical examiner, certifying the presence or absence of:

    (1) A communicable disease of public health significance;

    (2)(i) A physical or mental disorder and behavior associated with 

the disorder that may pose, or has posed, a threat to the property, 

safety, or welfare of the alien or others;

    (ii) A history of a physical or mental disorder and behavior 

associated with the disorder, which behavior has posed a threat to the 

property, safety, or welfare of the alien or others and which behavior 

is likely to recur or lead to other harmful behavior;

    (3) Drug abuse or addiction; or

    (4) Any other physical abnormality, disease, or disability serious 

in degree or permanent in nature amounting to a substantial departure 

from normal well-being.

    (m) Medical officer. A physician of the Public Health Service 

Commissioned Corps assigned by the Director to conduct physical and 

mental examinations of aliens.

    (n) Mental disorder. A currently accepted psychiatric diagnosis, as 

defined by the Diagnostic and Statistical Manual of Mental Disorders 

published by the American Psychiatric Association, or by other 

authoritative sources.

    (o) Panel physician. A physician selected by a United States embassy 

or consulate to conduct medical examinations of aliens applying for 

visas.



[[Page 108]]



    (p) Physical disorder. A currently accepted medical diagnosis, as 

defined by the Manual of the International Classification of Diseases, 

Injuries, and Causes of Death published by the World Health 

Organization, or by other authoritative sources.



[21 FR 9829, Dec. 12, 1956, as amended at 52 FR 32543, Aug. 28, 1987; 56 

FR 25001, May 31, 1991]