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28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)

Note: This regulation or portion of the regulations was replaced by the Department of Justice’s updated ADA regulations in 2010. It may not be complete or currently applicable. See the comparable section under the 2010 ADA Regulations.

(b) Health and drug rehabilitation services.

(1) A public entity shall not deny health services, or services provided in connection with drug rehabilitation, to an individual on the basis of that individual's current illegal use of drugs, if the individual is otherwise entitled to such services.

(2) A drug rehabilitation or treatment program may deny participation to individuals who engage in illegal use of drugs while they are in the program.

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