A new patient with no apparent disability comes to your office with an unleashed but behaved dog. Your receptionist tells the person that dogs are not permitted in the office, but the person barks back "It's a service dog and I know my rights so you can't hassle me about it."
Now what? What exactly is a "service dog"? Do you have to let the dog into your clean office and exam room? Do you need to make special arrangements for it? Can you discharge the patient?
The Federal Americans with Disabilities Act (ADA) defines a service dog within the broader category of "service animal" as one trained to do work or basic tasks for people with disabilities. They can perform a wide range of tasks, including emotional support for patients with anxiety issues. State and local laws may actually define service animals more broadly, and there is even a new ADA section on miniature horses!
Your staff is limited to two questions:
- Is the dog required for a disability?
- If yes, what task does the dog perform?
If the patient states it is a service dog, you must accept that as fact and you may not ask for documentation. Staff may not ask about the disability or ask for a demonstration. The ADA prohibits discrimination against persons with disabilities so you may not discharge or refuse to see the patient because of the dog.
Service dogs are allowed in all areas of your office where the public is normally allowed, including waiting rooms and exam rooms, but they may be excluded from operating rooms or burn units where they may compromise a sterile environment. You may not isolate the patient from other patients. If allergies are an issue for another patient, then the patients may be assigned to different rooms in the facility.
The dog does not need to be on a leash, but must be under control which can be through voice, signal, or other effective means. You can only ask for the dog to be removed if it is out of control or not housebroken. You do not need to provide care or service for the dog. You may not charge extra fees or a deposit, but you can seek reimbursement if the dog causes any damage.
For more, go to www.ADA.gov, call the ADA Information Line at 800-514-0301(voice) or 800-514-0383 (TTY), and check your local city and county ordinances.
Authored by
Michael Valentine
CAP Cares Specialist
If you have questions about this article, please contact us. This information should not be considered legal advice applicable to a specific situation. Legal guidance for individual matters should be obtained from a retained attorney.