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Title II Technical Assistance Manual - 1994 Supplement

II-3.5300 Unnecessary inquiries.

[Insert the following text at the end of this section, p. 14.]

ILLUSTRATION 2: An essential eligibility requirement for obtaining a license to practice medicine is the ability to practice medicine safely and competently. State Agency X requires applicants for licenses to practice medicine to disclose whether they have ever had any physical and mental disabilities. A much more rigorous investigation is undertaken of applicants answering in the affirmative than of others. This process violates title II because of the additional burdens placed on individuals with disabilities, and because the disclosure requirement is not limited to conditions that currently impair one's ability to practice medicine.

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