National Association of the Deaf

The National Association of the Deaf (NAD) and the law firm of White Arnold & Dowd, P.C., filed a complaint in federal court against the Alabama Board of Pharmacy, alleging that the pharmacy board refused to permit Barbara Jane Howard, a deaf pharmacist, to accept prescription orders through telecommunications relay services.  The complaint was filed in the United States District Court in Birmingham, Alabama. 

The Alabama Board of Pharmacy has interpreted Alabama law to prohibit Ms. Howard from accepting prescription orders through relay services because relay operators are not licensed pharmacists or registered interns.  The NAD in the court filing stated that as a result, Ms. Howard has not been able to accept prescription orders placed over the phone, affecting her ability to practice pharmacy in Alabama.

The NAD also stated that the Alabama Board of Pharmacy’s prohibition on using relay services violates Title II of the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act. 

“The ADA was passed to ensure that deaf or hard of hearing individuals have equal access to telephone services through the provision of relay services,” said Michael Stein, NAD Law and Advocacy staff attorney.  “Federal law makes clear that the relay operator is merely a transparent conduit whose presence does not alter the nature of the telephone conversation.”

“We are committed to making sure that deaf and hard of hearing individuals have the right to succeed as highly trained professionals,” said NAD President Bobbie Beth Scoggins. “Professionals such as pharmacists should not be restricted in any way just because they happen to be deaf or hard of hearing.” 

In the filing, the NAD requests that the U.S. District Court declare that the pharmacy board’s policy of not permitting deaf pharmacists to take prescription orders through relay services is a violation of the ADA and the Rehabilitation Act.  The filing further requests that the court award money damages to Ms. Howard.