DJ 202-PL-241

OCT 22 1992

Mr. Bruce Mims

Vice President
FOUR POINT DESIGN, INC.
1575 Catamount Road
Fairfield, Connecticut 06430

Dear Mr. Mims:

This is in response to your correspondence of July 7 and 8

and September 25, 1992, regarding the Americans with Disabilities
Act and comments attributed to me concerning the steps to be
taken by pharmacists in communicating with persons with hearing
impairments.

Section 36.303 of the regulation implementing title III of

the ADA requires that a public accommodation make available
appropriate auxiliary aids and services to ensure that
communication with individuals with disabilities is as effective
as that with nondisabled persons. The auxiliary aid requirement
is a flexible one and the type of auxiliary aid or service
necessary to ensure effective communication will vary in
accordance with the length and complexity of the communication
involved.

In many instances, the exchange of written notes with a

person with a hearing impairment will suffice to ensure effective
communication. In other instances, however, the use of other
auxiliary aids or services may be required. There are a wide
variety of services and devices for ensuring effective
communication, e.g., qualified interpreters, notetakers,
computer-aided transcription services, written materials,
telephones compatible with hearing aids and/or videotext
displays; and the use of the most advanced technology is not
required as long as effective communication is achieved. See,
e.g., 56 Fed. Reg. 35,565-68; 35,597 (​36.303); see also
​ 4.3000-4.3600 of the Title III Technical Assistance Manual at
pages 25-28 (copies enclosed).

cc: Records Chrono Wodatch Magagna FOIA MF

Delaney.ada.ltr.mims.pharmacy arthur T. 10/15/92
01-01621​
-2-
 We encourage pharmacists, health-care providers and other
public accommodations to consult with persons with hearing
impairments to determine what types of auxiliary aids or services
can be made available to ensure effective communication.

Sincerely,

John L. Wodatch
Chief
Public Access Section

Enclosures (2)
Title III Regulations
Title III Technical Assistance Manual
01-01622​ FOUR POINT DESIGN INC.
FAX 202-307-2227
202-307-0595

Mr. John Wodasch

Director, Compliance Department July 8, 1992
Civil Rights Division ADA re PHARMACIES...WHAT?
U.S. Department of Justice
PO Box 6118

Washington, DC 20035-6118

Dear Sir:

This is to supplement a mailgram sent to you last evening.

In considering what to use at pharmacists' counters in drug stores
so that the pharmacist could make himself understood by a hearing-
impaired person to conform to ADA, we were told WHY BOTHER? All you
need is a pencil and a pad......You were quoted by name as the source
for this statement.

Were you properly quoted?

If a hearing-impaired person asks for help at the prescription counter

is a pencil and pad what he can expect to get?...All he is entitled to get?
At this moment about 760 drug stores will be affected by your answer.
We would very much appreciate an answer by FAX.

Yours very truly,

Bruce Mims
Vice President
FOUR POINT DESIGN, INC.

To reply please
FAX 203-259-8054

1575 Catamount Road Fairfield, Connecticut 06430 (203) 259-1174

01-01623​

BRUCE MIMS WESTERN

PO BOX 153 UNION MAILGRAM
GREENS FARMS CT 06436 07PM

1-01381OK189 07/07/92 ICS IPMBNGZ CSP WHSB

2032591174 MGMB TDBN GREENS FARMS CT 100 07-07 0834P EST

JOHN WODASCH
HEAD OF COMPLIANCE DEPARTMENT
CIVIL RIGHTS DIVISION U S DEPT OF JUSTICE
WASHINGTON DC 20035

DEAR SIR:
YOU HAVE BEEN QUOTED BY VARIOUS PEOPLE IN THE DRUG CHAIN
INDUSTRY AS
STATING THAT A PENCIL AND PAD AT A PHARMACY COUNTER IS
SUFFICIENT TO
COMPLY FOR HEARING IMPAIRED PRESCRIPTION CUSTOMERS WITH
THE PUBLIC
ACCOMODATIONS PORTION OF ADA. PLEASE FAX ME AT 2032598054
"THUS THE
AVAILABILITY OF A PAD AND PENCIL CONSTITUTE COMPLIANCE
WITH THE
PUBLIC ACCOMODATION PORTION OF ADA FOR HEARING IMPAIRED
CUSTOMERS ?"
THANK YOU.
BRUCE MIMS
FOUR POINT DESIGN, INC.
1575 CATAMOUNT ROAD, FAIRFIELD CT 06430

20:32 EST

MGMCOMP
01-01624