# 44


III-4.1000
III-4.2000

                                             October 15, 1992

202-PL-00037



Denis R. Baillargeon, M.D.
Medical Center of Northeast Connecticut
612 Hartford Pike
Dayville, Connecticut  06241

Dear Dr. Baillargeon:

     This letter responds to your correspondence regarding the
rights of physicians with respect to admitting privileges at a
hospital under the Americans with Disabilities Act, 42 U.S.C. 
{ 12101-12213 (ADA).  The ADA authorizes the Department of
Justice to provide technical assistance to individuals and
entities that have rights obligations under the Act.  This letter
provides informal guidance to assist you in understanding the
ADA's requirements.  However, it does not constitute a legal
interpretation and it is not binding on the Department.

     Title I of the ADA only covers employment relationships. 
The process of granting admitting privileges, however, would be
covered by the provisions of either title II (public entities) or
title III (private entities) of the ADA depending whether the
hospital is publicly or privately owned and operated. 

     The regulations issued by the United State Department of
Justice under title III provide that a public accommodation shall
not apply eligibility criteria that screen out individuals with a
disability from equally enjoying any privilege unless such
criteria can be shown to be necessary for the provision of the
program being offered.  A public accommodation may impose
legitimate safety requirements that are necessary for safe
operation, but such requirements must be based on actual risks
and not on mere speculation, stereotypes, or generalizations.  29
C.F.R. { 36.301.  Further, a public accommodation shall make
reasonable modifications in its practices when the modifications
are necessary to afford privileges to individuals with
disabilities, unless the public accommodation can demonstrate
that making the modifications would fundamentally alter the
nature of the program at issues.  28 C.F.R. } 36.302.

     Out title II regulations for public entities contains
similar requirements.  See 28 C.F.R. { 35.130(b).  Copies of both
the title II and title III regulations are enclosed. 

     We hope that this information is useful to you in evaluating
your rights and obligations under the ADA.

                                   Sincerely, 




                                 John L. Wodatch
                                      Chief
                               Public Access Section