eters3to interpret for the Patient that is free to the Patient.Ask the Patient whether VRI is meeting the Patient’s communication needs and record the Patient’s response.If a Patient cannot communicate effectively using VRI, use all reasonable efforts to locate an on-site qualified interpreter or other auxiliary aid or service that will provide timely, effective communication.Inform the Patient of the status of the reasonable efforts being used to locate an on-site qualified interpreter or other auxiliary aid or service that will provide effective communication.Document the concern and the steps taken to locate an on-site qualified interpreter or other auxiliary aid or service that will provide effective communication.For more information on the Agreement, click here.1 This includes any companion to the patient as well. “Companion” means a family member, friend, or associate of a patient who, along with the patient, is an appropriate person with whom the provider should communication. 28 C.F.R. § 35.104(a)(2).2 “VRI” means an interpreting service that uses video conference technology over dedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers high-quality video images. 28 C.F.R. § 35.104.3“Qualified Interpreter” means an interpreter who, via a VRI services or an onsite appearance, adheres to generally accepted interpreter ethics principles, including client confidentiality; and is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators. 28 C.F.R. § 35.104.

e has lapsed. We will look carefully at how courts answer this question, particularly if the private sector is also granted an implementation period.Limited Exceptions for Certain Web ContentAlthough nearly all content on the website is covered, the DOJ did make some important exceptions to that rule. First, several categories of existing content is exempt from accessibility requirements – archived content, and certain kinds of preexisting “conventional electronic documents,” namely PDFs, word processing documents, spreadsheets, and presentation format documents(such as PowerPoint documents). There are several requirements to qualify for these exemptions, but one universal requirement is that these archived or preexisting documents should not be necessary to engage in a current government program, service, or activity.Archived Web ContentMany websites have a significant volume of archived web content, which does not need to be made accessible. The new regulation, and more specifically 28 C.F.R. § 35.104, defines four requirements for archived web content. “Archived web content” means that the underlying documents or media were (1) created before the compliance date (i.e., two years after the regulation was published in the Federal Register); (2) retained exclusively for reference, research, or recordkeeping; (3) not altered or updated after archiving; and (4) stored and organized in a dedicated area clearly identified as archival. In other words, true archives that are not updated or used for any more current non-archival purposes need not be made accessible.Preexisting Conventional DocumentsThe regulation also defines and exempts preexisting “conventional electronic documents,” which are defined to include PDFs, word processing documents, presentation format documents, and spreadsheet file formats. Again, this applies only to documents in existence at the time of the regulation’s compliance deadline, as long as the documents are not later needed or used to apply for, or gain access

Traveling by Air with Service Animals, 85 Fed. Reg. 79742 (Dec. 10, 2020) (to be codified at 14 C.F.R. pt. 382). 28 C.F.R. §§ 35.104, 36.104. For a detailed discussion of the December 2020 DOT final rule, please see our December 10, 2020 Animal Law Update (https://animallaw.foxrothschild.com/2020/12/10/emotional-support-animals-are-considered-pets-not-service-animals-by-us-department-of-transportation/).Del Amo, 992 F.3d at 910-13.Id. at 911.Id. at 912.

Airlines that have historically banned pit bull type dogs will have to lift the ban if the dog otherwise meets the requirements for trained service animals.The DOT rule does not give specific examples of tasks to be performed, but the Americans with Disabilities Act at 28 CFR § 35.104 provides guidance, listing the tasks of service animals as: assisting with navigation, alerting to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting during seizures or with psychiatric and neurological disabilities, retrieving items such as medicine or the telephone, and providing physical support and assistance with balance and stability, among others.Training of the dog does not require the cost of training by third party schools or organizations. In fact, the service animal users are free to train their own dogs to perform the needed tasks or functions if they are able.

Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual’s disability . . . 28 CFR § 35.104, 28 CFR § 36.104 Definitions.The Department’s prior regulation recognized two types of service animals.

Under Title III of the ADA, the term “service animal” is limited to a dog or miniature horse individually trained to perform tasks which assist a person with a disability. 28 C.F.R. § 35.104 and 28 C.F.R. § 35.136.