FOR IMMEDIATE RELEASE                                          CR
THURSDAY, MARCH 23, 1995                           (202) 616-2765
                                               TDD (202) 514-1888

     JUSTICE DEPARTMENT OBTAINS FIRST DECISION UNDER THE ADA

            COURT RULES AGAINST DENTIST WHO REFUSED 
                   TO TREAT PATIENTS WITH AIDS

     WASHINGTON, D.C. -- In the first decision in a suit brought by
the Justice Department under the Americans with Disabilities Act
(ADA), a federal court in New Orleans has ruled that a Louisiana
dentist who refused to treat patients with AIDS violated the law. 
     
     The decision by the U.S. District Court in New Orleans
prohibits the dentist, Dr. Drew Morvant, from discriminating
against persons with AIDS by refusing to treat them or referring
them to other dentists.  The court will determine damages at a
later date. 
     "This landmark decision underscores that the law does not
tolerate such egregious discrimination against persons with AIDS,"
said Assistant Attorney General for Civil Rights Deval L. Patrick.
"Such discrimination is based on unfounded fear, ignorance, and
prejudice, and is the type of discrimination the ADA seeks to
combat."
     The Justice Department alleged in an October 1993 lawsuit that
Morvant denied dental services to two men, both of whom were
informed that the office does not treat HIV-positive patients.  In
January 1994, the same court held that even though Ismael Pena, one
of the HIV-positive men, died prior to the suit, his estate could
still receive compensatory damages.  It also found that the dentist
may be held personally liable for his actions.
     The Centers for Disease Control and Prevention ("CDC") and the
American Dental Association have issued policy guidelines that
state that 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.
     In September, a Houston dental company that was sued on the
same day as Morvant for refusing to treat a patient with AIDS,
agreed to pay $100,000 in damages and penalties.  In an out-of-court settlement reached in January, a Connecticut dental office
agreed to pay $29,000 in damages and penalties for allegedly
engaging in similar acts.  Also today, the Justice Department asked
permission of a federal court in Bangor, Maine, to intervene in a
similar case against a dentist who also allegedly refused to treat
patients with AIDS.
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