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Optometrist’s Duty To Accommodate Patients Under ADA

Does an Optometrist have a duty under the American with Disabilities Act ("ADA") to accommodate a patient with a disability? This question arises often when an Optometrist is examining a hearing impaired patient who requests that the Optometrist provide a sign language interpreter.

Title III of the ADA guarantees people with disabilities the full and equal enjoyment of the goods, services, facilities, privileges advantages or accommodations of any place of public accommodation. An Optometrist, as a health care provider, is considered to be a place of public accommodation under the ADA and as a result, has a duty to provide auxiliary aids and services to disabled patients if necessary for the person to effectively use the Optometrist’s services. An Optometrist is required to offer auxiliary aids and services to the extent that they would not fundamentally alter the nature of the service or result in an undue burden.

The fundamental notion is that the Optometrist has a duty to effectively communicate with all patients, including hearing impaired patients. Effective communication will differ from patient to patient. This duty does not require the Optometrist to provide the auxiliary aid or service requested by the patient nor is the Optometrist required to provide the most effective or expensive auxiliary aid or service. However, it is the obligation of the Optometrist to provide an effective means of communications to the hearing impaired patient so that the patient has an equal opportunity to obtain the same results as the non-hearing impaired patient. What is an effective means for one patient may not be an effective means for another patient.

It is suggested that the Optometrist consult with the hearing impaired patient prior to his or her appointment to determine the nature of any auxiliary aid or service that may be necessary for effective communication. It is important to note that the ADA does not permit an Optometrist to apply surcharges to a patient to cover the cost of providing auxiliary aids or services necessary for effective communications.