Americans with Disabilities Act

ADA & Disabilities Rights Laws

The Americans with Disabilities Act (ADA) became law in July 1990. The ADA and related laws prohibit discrimination on the basis of disability in employment, government, public accommodations, education, commercial facilities, telecommunications, and transportation.

All dental offices are viewed as places of public accommodation. Therefore, compliance with these laws in dental practices can take several forms, including:

• Removal of barriers which may impair patient or employee access when it is “readily achievable.”
• Communication being offered in forms which are readily understood by employees and patients. This may include the obligation to provide translators at no cost to the patient.
• Responsible hiring practices which prohibit discrimination against those with physical or mental impairment coupled with reasonable accommodations for employees.
• Proper design of office spaces to accommodate the needs of employees and patients in the case of new offices and some remodeling projects.

It is important to realize that in addition to compliance with State and Federal laws, local agencies may impose additional requirements.

For full text of referenced laws and additional information, the following websites can provide useful information:

U.S. Department of Justice ADA Homepage and letter to dentists: http://www.usdoj.gov/crt/ada/adahom1.htm
http://www.usdoj.gov/crt/foia/tal118.txt

California Department of Rehabilitation
http://www.rehab.ca.gov/

CDA Journal Article “Providing Dental Care for Disabled Patients” /library/cda_member/pubs/journal/jour0800/impress.html

American Dental Association websites
http://www.ada.org/members/law/faq/bizprac_awda.asp
http://www.ada.org/members/law/book_awda.pdf

Independent Living Resource Center
http://www.ilrcsf.org/

November 2004