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30. May vehicles and equipment funded through the Section 5310 program be used to provide service to a drug rehabilitation treatment center?

Yes, when the passengers are individuals with disabilities and the service is part of the coordinated plan.  For purposes of the section 5310 program, FTA has adopted the definition of “disability” as that found in section 3(1) of the Americans with Disabilities Act (42 U.S.C. 12102).  Section 510 of the ADA (42 U.S.C. 12210) provides that the term “individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.  However, a person may be considered an individual with a disability if the person has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs; has otherwise been rehabilitated successfully and is no longer engaging in such use; is participating in a supervised rehabilitation program and is no longer engaging in such use; or is erroneously regarded as engaging in such use, but is not engaging in such use.

In other words, an individual who is not currently using illegal drugs but who is addicted to drugs, has a history of addiction, or who is regarded as being addicted has an impairment under the ADA. In order for an individual's drug addiction to be considered a disability under the ADA, it would have to pose a substantial limitation on one or more major life activities.

A person whose addiction to drugs poses a substantial limitation on one or more major life activities is a person with a disability and is eligible to receive transportation through the section 5310 program, including to a drug treatment center.  Recipients are reminded that all section 5310 activities must be part of a locally developed, coordinated plan.

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