Document 0678
 DOCN  M95A0678
 TI    Dentist's 'blatant discrimination' leads to landmark court decision.
 DT    9510
 SO    AIDS Policy Law. 1995 Apr 7;10(6):1, 10-1. Unique Identifier : AIDSLINE
       AIDS/95700282
 AB    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.
 DE    Acquired Immunodeficiency Syndrome/TRANSMISSION  *Dental Care  *Dentists
       *HIV Infections/TRANSMISSION  Human  *Jurisprudence  *Prejudice
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