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Some commenters expressed concern that Sec. 36.203(c), which states
that nothing in the rule requires an individual with a disability to
accept special accommodations and services provided under the ADA, could
be interpreted to allow guardians of infants or older people with
disabilities to refuse medical treatment for their wards. Section
36.203(c) has been revised to make it clear that paragraph (c) is
inapplicable to the concern of the commenters. A new paragraph (c)(2)
has been added stating that nothing in the regulation authorizes the
representative or guardian of an individual with a disability to decline
food, water, medical treatment, or medical services for that individual.
New paragraph (c) clarifies that neither the ADA nor the regulation
alters current Federal law ensuring the rights of incompetent
individuals with disabilities to receive food, water, and medical
treatment. See, e.g., Child Abuse Amendments of 1984 (42 U.S.C.
5106a(b)(10), 5106g(10)); Rehabilitation Act of 1973, as amended (29
U.S.C 794); Developmentally Disabled Assistance and Bill of Rights Act
(42 U.S.C. 6042).
(Code of Federal Regulations. Title 28, Volume 1. TITLE 28--JUDICIAL ADMINISTRATION. CHAPTER
I--DEPARTMENT OF JUSTICE. PART 36_NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC
ACCOMMODATIONS AND IN COMMERCIAL FACILITIES CITE: 28CFR36)
