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Is Your Office Violating the Americans with Disabilities Act?

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by: DrTirpak posted: May 14, 2012

DOJ Settles Claim with Chiropractor

A press release from the department of Justice on Friday May11th announced the settlement of a claim against a chiropractic clinic that had violated the Americans with Disabilities Act by refusing to treat someone with HIV.

A patient presented to Knoxville Chiropractic Clinic North in Knoxville Tennessee for treatment following a car accident. At the initial evaluation the chiropractor recommended 24 subsequent visits to treat his injuries. The receptionist informed the patient on his third visit that the doctor would not see him because they could not treat people “like him.”  

The patient filed a complaint and the United States determined that Knoxville Chiropractic Centers had violated the ADA by having a blanket policy of refusing treatment to HIV positive patients.

The Knoxville Chiropractic Centers settlement agreement with the Department of Justice requires them to develop and implement a non-discrimination policy, train staff on the requirements of the ADA and to pay $10,000 as a civil penalty.

According to the DOJ website the ADA requires public accommodations, like doctors’ offices, medical clinics, hospitals and other health care providers, to provide individuals with disabilities, including people with HIV, equal access to goods, services, privileges, accommodations, facilities, advantages and accommodations.

Thomas E. Perez, Assistant Attorney General for the Civil Rights Division is quoted in the press release, ”The Civil Rights Division takes discrimination based on unfounded fears and stereotypes about HIV very seriously. It is critical that people with disabilities, including HIV, not be denied equal access to goods and services, especially to health care services. “

Discrimination whether it is based on ignorance or prejudice is against Federal Law. All Chiropractors should use universal precautions when treating every patient. HIV and AIDS education has been taught at all of the Chiropractic Colleges and Universities in the United States and Canada for over 3 decades.

Many states including Florida, Kentucky, Washington and California require at least one continuing education class on the topic. However HIV or AIDS Chiropractic Continuing Education classes are not required in Tennessee, also The Tennessee Board of Chiropractic Examiners denied the only 2 HIV/ AIDS classes submitted for Chiropractic Continuing Education approval in 2012.

Information about Americans with Disabilities Act and HIV can be found on the Department of Justice at www.ada.gov/aids.

ADA complaints may be filed by email to ada.complaint@usdoj.gov.

Information on HIV and AIDS www.aidsinfo.nih.gov

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