Dentist's 'blatant discrimination' leads to landmark court decision. Clearinghouse, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5023.

Important note: Information in this article was accurate in 1995. The state of the art may have changed since the publication date.

Dentist's 'blatant discrimination' leads to landmark court decision. Clearinghouse, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5023.

AIDS Policy Law. 1995 Apr 7;10(6):1, 10-1. Unique Identifier : AIDSLINE AIDS/95700282

Abstract: A Federal judge has ruled that a New Orleans dentist violated the law when he refused to clean the teeth of two HIV-positive patients. Dentist Drew B. Morvant's assertion that he was untrained for handling these types of cases was deemed as purposeful ignorance. The ruling was the first time an AIDS complaint arising from the Americans with Disabilities Act (ADA) was won under a summary judgment, and was the first suit the U.S. Justice Department has won under the ADA. The denial of care was undisputed. Morvant asserted that referrals were permissible under the ADA because he lacked the experience needed for dealing with HIV patients, and the ADA does not require him to accommodate a person who poses a direct threat to the health and safety of his dental practice. The judge cited three government witnesses who claimed special training was not needed to clean the teeth of HIV-positive patients. The judge noted that the dentist's referral was to another general dentist, not a specialist and that the use of universal precautions is in keeping with the reasonable modifications the ADA prescribes. The judge also rejected the 14th Amendment and the Commerce Clause arguments.

Keywords: Acquired Immunodeficiency Syndrome/TRANSMISSION *Dental Care *Dentists Human *HIV Infections/TRANSMISSION *Jurisprudence *Prejudice NEWSLETTER ARTICLE
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