42 C.F.R. § 34.7

Medical and other care; death

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(a) An alien detained by or in the custody of DHS may be provided medical, surgical, psychiatric, or dental care by HHS through interagency agreements under which DHS shall reimburse HHS. Aliens found to be in need of emergency care in the course of medical examination shall be treated to the extent deemed practical by the attending physician and if considered to be in need of further care, may be referred to DHS along with the physician's recommendations concerning such further care.

(b) In case of the death of an alien, the body shall be delivered to the consular or immigration authority concerned. If such death occurs in the United States, or in a territory or possession thereof, public burial shall be provided upon request of DHS and subject to its agreement to pay the burial expenses. Autopsies shall not be performed unless approved by DHS.

Notes of Decisions

Cited in 6 cases, 1960–1984 · leading case: Marjorie H. Rowland v. Mad River Local Sch. Dist., Montgomery Cnty., Ohio, a Pub. Body Corp., Robert L. Bell, 730 F.2d 444 (6th Cir. 1984).

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Marjorie H. Rowland v. Mad River Local Sch. Dist., Montgomery Cnty., Ohio, a Pub. Body Corp., Robert L. Bell, 730 F.2d 444 (6th Cir. 1984). · cites it 2× “58 Please notify all relevant Public Health Service personnel that, for the foregoing reasons, PHS medical officers shall not issue certificates or notifications relating to mental defects or diseases under 42 CFR 34.7 solely because an alien is suspected of being a homosexual.”

In the Matter of Petition for Naturalization of Richard John Longstaff, 716 F.2d 1439 (5th Cir. 1983). “42 C.F.R. § 34.7 (1981). The consular officer must refuse the visa if the examining physician issues a Class A certificate.”

Lazaro Alonso-Martinez v. Doris Meissner, Acting Comm'r, U.S. Dep't of Just., Immigr. & Naturalization Serv., 697 F.2d 1160 (D.C. Cir. 1983). “§ 1182 (a)(l)-(6); 42 C.F.R. § 34.7 ); Class B (afflictions which may affect alien’s earning ability, see 8 U.”

Hill v. United States Immigr. & Naturalization Serv., 714 F.2d 1470 (9th Cir. 1983). “1982); 42 C.F.R. § 34.7 (1983). . In making this determination, the Surgeon General placed great weight on the fact that, according to the comprehensive listing of currently recognized psychiatric diagnoses in the *1473 1974 revised edition and the 1979 edition of the Diagnostic…”

Stoytcheff, 11 I. & N. Dec. 329 (BIA 1965). “The regulations, 42 CFR 34.7 (v) provides for the issuance of a Class "A" 'certificate with respect to aliens who are afflicted with psycho- pathic personality.”

R, 8 I. & N. Dec. 646 (BIA 1960). “(chapter 1) states "that a class A certificate or class A notification of a mental defect, disease, 1 The reference is to 42 CFR 34.7, which embodies this directive.”

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