Stephen T. Fan and Landa C. Fan - Page 10

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          with his hearing-impaired patients through the use of handwritten           
          notes, which is an acceptable “auxiliary aid” or service under              
          the ADA.                                                                    
              More importantly, the system is not a replacement for, or              
          acceptable alternative to, handwritten notes for purposes of the            
          section 44 credit.  The system itself was not designed or                   
          marketed as a communication device for hearing-impaired                     
          individuals, and petitioner did not limit the use of the system             
          to his hearing-impaired patients.  We accept his claim that, by             
          permitting a patient to view a video image of a particular dental           
          condition, the system might have allowed a patient to better                
          understand the nature of his or her dental condition and the                
          recommended treatment, but it does not eliminate the need for the           
          dentist and the patient to communicate with each other.  See 28             
          C.F.R. sec. 36.303, Appendix B (2000) (noting that communications           
          involving areas such as health, legal matters, and finances may             
          require the use of notes or interpreters, or an effective                   
          alternative such as the use of a computer terminal upon which the           
          customer can exchange typewritten messages).  As a result, we               
          fail to see how the system constitutes an effective method “of              
          making aurally delivered materials available to individuals with            
          hearing impairments”.  42 U.S.C. sec. 12102(1)(A); see also sec.            
          44(c)(2)(B); 28 C.F.R. sec. 36.303(b)(1).                                   

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