A Service Dog Walks Into Your Medical Business…

When a person with a disability walks into a hospital, doctors office, or any other type of healthcare facility with a service dog, concerns may arise. Service dogs carry viruses, bacteria, and parasites, all of which can be transmitted to humans. One’s first instinct when seeing a service dog in a hospital or private medical practice is that it could be dangerous and jeopardize the health and safety of other patients. The service dog could transmit an infectious disease or cause someone with allergies to have a serious allergic reaction. Additionally, there is a behavioral concern; dogs can be unpredictable at times and a patient or staff member could get hurt. Is it worth the risk to allow one patient with a service dog to jeopardize the health and safety of the other patients? The truth is, there is no evidence to suggest that service dogs pose a more significant risk of transmitting a disease than humans. Since service dogs pose no more of a risk in a healthcare setting than having a visitor or another patient nearby, service dogs should not be prohibited. In fact, it is a violation of the Americans with Disabilities Act (ADA) to prohibit service dogs from a healthcare facility under most circumstances, whether the facility is private, a non-profit or a governmental entity.

A service dog under the ADA is defined as any dog that is individually trained to do work or perform tasks directly related to a disability, for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The ADA’s definition does not include emotional support, comfort, or companionship animals. Furthermore, the ADA requires that places of public accommodation, including healthcare facilities, allow individuals with disabilities to be accompanied by their service animals in all areas where members of the public are allowed to go. Hospitals, private practices, and other healthcare entities are subject to the ADA, regardless of their status as a private, non-profit or governmental entity. However, this is not a blanket rule, and the ADA permits a facility to remove a service dog from the premises if the animal is out of control and the handler does not take effective action to control the animal or if the service dog is not housebroken. If an individual patient’s situation or a particular animal poses a greater health and safety risk that cannot be mitigated through reasonable measures, the facility can prohibit the service dog from entering the premises. If a service dog is properly excluded, the healthcare facility must give the person with the disability the opportunity to be treated without the dog on the premises.

If a service dog comes into a healthcare facility, the best way for a healthcare facility staff member to comply with the ADA is to do an individual assessment to determine if a particular service dog poses a direct threat to the health and safety of others. This assessment must be based on demonstrable facts and actual risk and not based on the healthcare staff’s personal preferences or speculation or mere inconvenience and displeasure with the presence of the animal. Staff should consider if the service dog is properly under control and harnessed, healthy, and hygienic, behaving well, and not fundamentally altering the nature of the facility. The assessment should also take into consideration the area within the facility where the service dog will be present. If the area requires special precautions and personal protective gear, such as in an operating room or burn unit, a healthcare facility can prohibit service dogs from entering because these areas are typically considered to have restricted access to the general public and personal protective gear cannot reasonably be imposed on a service dog.

It is important to note that the ADA also limits the type of inquiries you can make regarding a service dog. Healthcare staff cannot ask about the nature or extent of a person’s disability and may not ask or require documentation or proof that a dog is a service animal. To determine if a dog qualifies as a service animal, staff may only ask if the dog is required because of a disability and what work or task the dog has been trained to perform. However, if it is readily apparent that a dog is trained to do work or perform tasks for an individual with a disability, these inquiries should not be made.

While having a service dog in a healthcare facility may be inconvenient, the purpose of the ADA and the service animal provision is to prohibit discrimination based on a disability and to provide individuals with disabilities the same access and opportunities as everyone else. It is important to remember that service dogs are not pets; they are working animals that allow individuals with disabilities to remain a part of society in a dignified way. Individuals with service dogs rely on them daily. It is the patient’s right to have their service dog with them and that right should be respected.

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