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 Civil Rights Division 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 hearingimpaired 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 July 8, 1992 ADA re PHARMACIES...WHAT?

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