(A)
Definitions.
(1)
Disability under the ADA is defined as:
(a) a physical or mental impairment which
substantially limits one or more major life activities of an
individual;
(b) a record of having
such impairment; or
(c) being
regarded as having such impairment.
Disability, does not include psychoactive substance abuse
disorder resulting from current illegal use of drugs.
(2) A qualified individual with a
disability is an individual who meets the essential eligibility requirements
for the receipt of services or participation in programs or activities provided
by the Department with or without:
(a)
reasonable modifications to rules, policies, or practices;
(b) the removal of architectural,
communication, or transportation barriers; and/or
(c) the provision of auxiliary aids and
services.
An individual who poses a direct threat to the health and
safety of others is not a qualified individual. An individual who is currently
engaging in the illegal use of drugs when the Department acts on the basis of
such use is not a qualified individual.
(3)
Physical or
Mental Impairment means:
(a) any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or more the following
body systems: Neurological, musculoskeletal, special sense organs, respiratory
(including speech organs), cardiovascular, reproductive, digestive,
genitourinary, hemic and lymphatic, skin and endocrine; and
(b) Any mental or psychological disorder such
as mental retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities.
(4) Major life activities include functions
such as caring for one's self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning and working.
(B) No qualified individual with a disability
shall, on the basis of disability, be excluded from participation in or be
denied the benefits of the services, programs, or activities of the Department,
or be subjected to discrimination by the Department.
(C) The Department, in providing any aid,
benefit, or service, may not, directly or through contractual, licensing, or
other arrangements on the basis of disability:
(1) Deny a qualified individual with a
disability the opportunity to participate in or benefit from the aid, benefit,
or service;
(2) Afford a qualified
individual with a disability an opportunity to participate in or benefit from
the aid, benefit, or service that is not equal to that afforded
others;
(3) Provide a qualified
individual with a disability with an aid, benefit, or service that is not as
effective in affording equal opportunity to obtain the same result, to gain the
same benefit, or to reach the same level of achievement as that provided to
others;
(4) Provide different or
separate aids, benefits, or services to individuals with disabilities than is
provided to others unless such action is necessary to provide qualified
individuals with disabilities with aids, benefits, or services that are as
effective as those provided to others; and
(5) Otherwise limit a qualified individual
with a disability in the enjoyment of any right, privilege, advantage, or
opportunity enjoyed by others receiving the aid, benefit, or service.
(D) The Department shall make
reasonable changes in policies, practices, or procedures when the changes are
necessary to avoid discrimination on the basis of disability, unless the
Department can demonstrate that making the changes would fundamentally alter
the nature of the service, program, or activity.
