FOR IMMEDIATE RELEASE                                          CR
TUESDAY, JUNE 13, 1995                             (202) 616-2765
                                               TDD (202) 514-1888

                                 
       NEW ORLEANS DENTIST TO PAY $120,000 FOR REFUSING TO
 TREAT PATIENTS WITH HIV UNDER SETTLEMENT WITH JUSTICE DEPARTMENT


WASHINGTON, D.C. -- A New Orleans dentist will pay $120,000 in
damages for refusing to treat two HIV-positive patients under a
settlement reached today with the Justice Department.  
     Today's agreement follows a decision last March by the U.S.
District Court in New Orleans finding Dr. Drew Morvant in
violation of the Americans with Disabilities Act (ADA).  In its
decision, the court found that Morvant had discriminated against
persons with HIV/AIDS by refusing to treat them or referring them
to other dentists on the basis of their HIV-positive status.
     The Justice Department sued the dentist in October 1993,
alleging that Morvant and his dental corporation unfairly denied
routine dental services to xxxxxxxx and Ismael Pena
after informing them the office did not treat HIV-positive
patients.  
     Following the March 23, 1995 decision, the district court
scheduled a hearing to determine appropriate damages.  In light
of today's settlement, the hearing is no longer necessary.  
     "Both the law and medical experts agree there is no
justification for dentists or other health care providers to
refuse to treat people with HIV or AIDS," said Assistant Attorney
General for Civil Rights Deval L. Patrick.  "This settlement,
together with the court's ruling,  demonstrates that such
discriminatory conduct will not be tolerated."
     Under the agreement approved by the U.S. District Court in
New Orleans, Morvant will:
    pay $60,000 in compensatory damages to xxxxxxxx;

    pay $60,000 to the family of Ismael Pena, who died from AIDS
     in 1993;

    make routine dental care available to persons with HIV or
     AIDS, however, he will be permitted to refer such persons to
     another dentist when the dental treatment being sought or
     provided is outside the dentist's area of expertise;

    post a policy of non-discrimination on the basis of
     disability, including HIV and AIDS, and inform his staff of
     the policy; and,

    undergo training, along with his staff, on dental treatment
     of persons with HIV or AIDS, infection control in the dental
     workplace, and the ethical duty of medical professionals to
     treat persons with HIV or AIDS. 

     Title III of the ADA prohibits discrimination against
persons with disabilities in places of public accommodation, such
as medical and dental offices.  Testing positive for HIV and
having AIDS are both considered disabilities under the ADA.
     The Centers for Disease Control and Prevention ("CDC") and
the American Dental Association have issued policy guidelines
that state there is no medical justification for excluding
persons from dental care solely on the basis of their HIV-positive
		 or AIDS status.  Both organizations recommend the use of
"Universal Precautions" to prevent the transmission of bloodborne
diseases, including HIV, in the health care setting.   
		Occupational Health and Safety Administration regulations require
dental facilities to use Universal Precautions in all dental
facilities for all patients, regardless of known HIV or AIDS
status. 
     On the same day it filed the Morvant suit, the Justice
Department also sued a dental office in Houston for refusing to
treat patients with AIDS.  In September of 1994 the defendant in
that case agreed to pay $100,000 in damages and civil penalties. 
In March, the Justice Department intervened in a suit in Maine
against a dentist who also allegedly refused to treat patients
with HIV or AIDS.     
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95-331