Islets of Hope  diabetes civil rights laws

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This article and  the original publication PA-03-2006 were written by Lahle Wolfe; revised 12/2006

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Diabetes and civil rights law:  An overview of your legal right to equal access to  programs, benefits, opportunity, accommodations, education, and employment.  Covers legal rights to equal access to benefits, accommodations and opportunity, and the right to administer diabetes related self-care in public places and at work.  Great for anyone who wants to know what the law says about diabetes accomodations, care, and descrimination at work, in schools, and in public places. Includes comprehensive information and examples.  Covers the American with Disabilities Act (ADA), the Rehabilitation Act, and Individuals with Disabilities Education Assistance.  Also, tells where and how to file discrimination complaints. IOH Publication PA-04-2006; 32 pages. Revised 12/06.

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The Diabetes Type 2 Sourcebook:  This book provides all the information readers need to know about living with Type 2 diabetes, including self-management, the most recent findings on nutrition and exercise, the emotional and financial issues that accompany the disease, and the newest testing methods, treatments, and medications. Also includes an up-to-date listing of helpful organizations and other resources. Terry Zierenberg, R.N., C.D.E., is the program coordinator for the  Diabetes Care Center at Encino-Tarzana  Regional  Medical Center in Los Angeles, CA

Frequently asked questions about administering diabetes care in public and the work place

This article contains excerpts from Islets of Hope publication PA-03-2006.  You can view and print the publication in its original format at PA-03-2006.  Download free Adobe software to read our publications in .pdf format

Diabetes and civil rights law

It is important to understand that even when a person with diabetes is not specifically classified as "disabled” there are no federal laws that prohibit a diabetic person from testing blood sugars or injecting insulin in public places.  While some states have enacted laws that restrict diabetes care in public schools these laws may conflict with Federal civil rights laws and are being challenged in at least several states and so far, class action suits have been successful in the State of California.

Federal disability laws are geared towards protecting the rights of those with disabilities including those with diabetes and allowing them equal access to programs, employment, facilities, transportation, opportunities, and education.  

Some states do have laws requiring the safe disposal and handling of medical waste including syringes from diabetes care to protect the health interests of the public.  However, legislation aimed at the safe disposal of syringes is often hampered by concerns over whether such laws will encourage illegal IV drug use.  Therefore, often, the disposal of used syringes is left to local jurisdictions and varies from place to place.

Key Federal protective laws affecting persons with disabilities in public and private places including the work place, schools, and day care are:

• The Americans with Disabilities Act (ADA)
• The Rehabilitation Act
• Individuals with Disabilities Education Act (IDEA)

General sources of disability rights information

ADA Information Line:   (800) 514-0301 (voice)   (800) 514-0383 (TTY)   www.ada.gov

Regional ADA & IT Technical Assistance Centers  (800) 949-4232 (voice/TTY)    www.adata.org

The U.S. Department of Justice’s publication “A Guide to Disability Rights” can be found at http://www.usdoj.gov/crt/ada/cguide.htm.

Information about disability rights from the Equal Employment Opportunity Commission at:  http://www.eeoc.gov/abouteeo/overview_practices.html

To find more information about living with diabetes, diabetes laws in your state, and advocacy resources, visit http://www.isletsofhope.com.

IOH Publication PA-04-2006 “Diabetes civil rights law:  An overview of your legal right to equal access accommodations and opportunity and the right to administer diabetes related self-care in public places and at work” download: www.isletsofhope.com/pdf/diabetes-civil-rights-law.pdf

References

(1) The Impact of the Epidemic: United States Diabetes Fact Sheet.  12/26/2006 www.lilly.com/news/pdf/byetta_usdiabetes_facts_060606.pdf

(2)  Diabetes Statistics; American Diabetes Association (ADA); 12/30/2006.    http://www.diabetes.org/diabetes-statistics.jsp.

(3) National Institutes of Health (NIH; National Diabetes Statistics, NIH Publication No. 06–3892; November 2005; http://diabetes.niddk.nih.gov/dm/pubs/statistics/index.htm#8

(4)  Diabetes Control and Complications Trial (DCCT); NIH Publication No. 02–3874, October 2001; http://diabetes.niddk.nih.gov/dm/pubs/control/

(5) HIV and it’s Transmission;  Center for Disease Control (CDC); 10/17/2006.  http://www.cdc.gov/hiv/resources/factsheets/transmission.htm

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