[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: 42CFR34.4]



[Page 109-110]

 

                         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. 34.4  Medical notifications.



    (a) Medical examiners shall issue medical notifications of their 

findings of the presence or absence of Class A or Class B medical 

conditions. The presence of such condition must have been clearly 

established.

    (b) Class A medical notifications. (1) The medical examiner shall 

report his/her findings to the consular officer or the INS by Class A 

medical notification which lists the specific condition for which the 

alien may be excluded, if an alien is found to have:

    (i) A communicable disease of public health significance;

    (ii)(A) 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; or

    (B) 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;

    (iii) Drug abuse or addition.



[[Page 110]]





Provided, however, That a Class A medical notification of a physical or 

mental disorder, and behavior associated with that disorder that may 

pose, or has posed, a threat to the property, safety, or welfare of the 

alien or others, shall in no case be issued with respect to an alien 

having only mental shortcomings due to ignorance, or suffering only from 

a condition attributable to remediable physical causes or of a temporary 

nature, caused by a toxin, medically prescribed drug, or disease.

    (2) The medical notification shall state the nature and extent of 

the abnormality; the degree to which the alien is incapable of normal 

physical activity; and the extent to which the condition is remediable. 

The medical examiner shall indicate the likelihood, that because of the 

condition, the applicant will require extensive medical care or 

institutionalization.

    (c) Class B medical notifications. (1) If an alien is found to have 

a physical or mental abnormality, disease, or disability serious in 

degree or permanent in nature amounting to a substantial departure from 

normal well-being, the medical examiner shall report his/her findings to 

the consular or INS officer by Class B medical notification which lists 

the specific conditions found by the medical examiner. Provided, 

however, that a Class B medical notification shall in no case be issued 

with respect to an alien having only mental shortcomings due to 

ignorance, or suffering only from a condition attributable to remediable 

physical causes or of a temporary nature, caused by a toxin, medically 

prescribed drug, or disease.

    (2) The medical notification shall state the nature and extent of 

the abnormality, the degree to which the alien is incapable of normal 

physical activity, and the extent to which the condition is remediable. 

The medical examiner shall indicate the likelihood, that because of the 

condition, the applicant will require extensive medical care or 

institutionalization.

    (d) Other medical notifications. If as a result of the medical 

examination, the medical examiner does not find a Class A or Class B 

condition in an alien, the medical examiner shall so indicate on the 

medical notification form and shall report his findings to the consular 

or INS officer.



[56 FR 25003, May 31, 1991]