[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 32CFR58.4]



[Page 377]

 

                       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, 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.