ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, November 8, 1996 TAG: 9611080100
SECTION: NATIONAL/INTERNATIONAL PAGE: A-15 EDITION: METRO
DATELINE: BOSTON
SOURCE: The Boston Globe
When Sidney Abbott walked into Dr. Randon Bragdon's dental office in Bangor, Maine, in the fall of 1994, she wrote on the standard medical history form that she was HIV-positive.
So Bragdon refused to fill her cavity in his office, following his longstanding policy of not treating patients with infectious disease.
Leery of scientific advice that said gloves, masks, eye goggles and sterilized equipment would reduce the risk of HIV transmission to near-zero, Bragdon instead offered to fill Abbott's cavity in a hospital operating room, where he felt safer.
A lawsuit was filed, and a court in Boston will become the first federal appellate court in the country to consider whether a dentist who refuses to treat a patient with HIV out of fear of becoming infected is violating the federal Americans with Disabilities Act of 1990.
People charged with discrimination under that act can defend themselves by claiming that what the disabled person wanted threatened the health and safety of others.
Public health departments in Maine, Massachusetts and Rhode Island have urged the appellate court to uphold the decision of the Maine judge who found that Abbott qualifies as disabled and Bragdon's fear defense was lacking, given that many public health authorities say it is safe to treat HIV patients.
The American Dental Association has urged the appeals court to order a full trial to clarify whether asymptomatic HIV - which Abbott has - qualifies as a disability under federal law. AIDS is a disability under the law.
The Boston-based Gay and Lesbian Advocates and Defenders, who sued on Abbott's behalf, sees a clear-cut case of discrimination that could lead to widespread denial of medical treatment to HIV and AIDS patients if the lower court ruling is overturned.
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