Weird situation this week. We have a patient in with a seizures. She and her spouse insisted that her dog was a service dog and needed to stay with her. Apparently it barks when she is about to have a seizure.
She got a private room and her husband stays with her almost always. He does leave some to get food, I'm assuming to go home and take care of some things. Not sure if he works.
Well, when he leaves, he usually takes the dog with him..????? Now he does take the dog out to potty on occassion, but both days I had this patient, he left for several hours with dog. Plus, whenever I'm in the room, the dog is with husband, not with patient????
It has barked a few times, but when we go in there, it is at people who it didn't know...dietary, housekeeping, etc.
It's a small dog - chihuahua/dauchstand mix and very well behaved. I just think the family is getting away something here. I've been told it has all of its papers, etc.
I know that pet therapy is common and that they use service dogs for more than just blindness now, but has anyone heard of this?
This is a med surg/telemetry floor. The patient is on telemetry, so if she started to have a seizure, the monitors should alert us.
I had a patient once who had a daily visitor with a service dog. She was in a wheelchair and the dog would help pull the chair, open doors, etc. They treated this dog like a service dog...as in we shouldn't pet him when he's on duty etc. This couple from this week just doesn't behave like this.
The dog isn't really doing any harm and it is cute and well behaved, but something just seems....I don't know....fishy about this.
1. Q: What are the laws that apply to my business?
A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.
2. Q: What is a service animal?
A: The ADA defines a service animal as
any
guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.
Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:
_ Alerting persons with hearing impairments to sounds.
_ Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.
_ Assisting persons with mobility impairments with balance.
A service animal is
not
a pet.
3. Q: How can I tell if an animal is really a service animal and not just a pet?
A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.
4. Q: What must I do when an individual with a service animal comes to my business?
A: The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers.
5. Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in?
A: Yes. A service animal is
not
a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service animals.
6. Q: My county health department has told me that only a guide dog has to be admitted. If I follow those regulations, am I violating the ADA?
A: Yes, if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations.
7. Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business?
A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage.
8. Q: I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal?
A: Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service.
9. Q: Am I responsible for the animal while the person with a disability is in my business?
A: No. The care or supervision of a service animal is solely the responsibility of his or her owner. You are not required to provide care or food or a special location for the animal.
10. Q: What if a service animal barks or growls at other people, or otherwise acts out of control?
A: You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually.
Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises.
11. Q: Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?
A: There may be a few circumstances when a public accommodation is not required to accommodate a service animal--that is, when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. But when it does, for example, when a dog barks during a movie, the animal can be excluded.
If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD).
Is a hospital legally considered a "place of business?"
COMMONLY ASKED QUESTIONS ABOUT
SERVICE ANIMALS IN PLACES OF BUSINESS
1. Q: What are the laws that apply to my business?
A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.
2. Q: What is a service animal?
A: The ADA defines a service animal as
any
guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.
Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:
_ Alerting persons with hearing impairments to sounds.
_ Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.
_ Assisting persons with mobility impairments with balance.
A service animal is
not
a pet.
3. Q: How can I tell if an animal is really a service animal and not just a pet?
A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.
4. Q: What must I do when an individual with a service animal comes to my business?
A: The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers.
5. Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in?
A: Yes. A service animal is
not
a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service animals.
6. Q: My county health department has told me that only a guide dog has to be admitted. If I follow those regulations, am I violating the ADA?
A: Yes, if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations.
7. Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business?
A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage.
8. Q: I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal?
A: Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service.
9. Q: Am I responsible for the animal while the person with a disability is in my business?
A: No. The care or supervision of a service animal is solely the responsibility of his or her owner. You are not required to provide care or food or a special location for the animal.
10. Q: What if a service animal barks or growls at other people, or otherwise acts out of control?
A: You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually.
Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises.
11. Q: Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?
A: There may be a few circumstances when a public accommodation is not required to accommodate a service animal--that is, when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. But when it does, for example, when a dog barks during a movie, the animal can be excluded.
If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD).
They charge for their services. That is the basic definition of a business and they are open to the public, i.e., one is not required to purchase a membership or association fee.
They charge for their services. That is the basic definition of a business and they are open to the public, i.e., one is not required to purchase a membership or association fee.
They don't charge everyone. Folks are treated in the ED, that are not charged and don't have medicare/medicaid. Many are often non-profit organizations and could be funded (at least in part) by a local municipality.
They don't charge everyone. Folks are treated in the ED, that are not charged and don't have medicare/medicaid. Many are often non-profit organizations and could be funded (at least in part) by a local municipality.
Doesn't sound like a "business."
Please. A hospital is most definitely a business. Non-profit or not.
i feel some are trying to define the word "business" far to narrowly.
a service/guide animal goes virtually everywhere with his human and is afforded that right through the law.
allergies aside, the designated service/guide animal (usually a dog or spider monkey) retains those rights. it is never a question of "getting away with" or "trying to pull a fast one" when someone takes a service/guide animal with them.
our neighbor and good friend was involved in a serious accident several years ago. he is now a quadraplegic. he has no movement or sensation below the nipple line. he has a service dog who goes
everywhere with him. she opens doors, retrieves things for him, and "hands" him things he drops.
he is still a fulltime dentist. our dentist. his dog goes where he goes. she goes into the hospital when he goes for bloodwork, to pt, to the ym, his office... as far as i know,no one has ever questioned her presence.
Yes, a hospital is a business. There are plenty of other businesses that provide some free services; that doesn't stop them from being businesses.
My question would be with the segregation issue. Normal hospital "customers" aren't always allowed into all parts of the building; there are obvious rules and restrictions. I'm not sure service animals would be automatically permitted in all parts of a hospital as a result. I'm no lawyer, though, so my reading of that section could be completely wrong.
Honestly, given that the animal isn't causing any trouble, I'd probably just leave the situation alone. If it suddenly starts behaving aggressively, that's a different story, as is stipulated in the information sharpeimom provided.
what i was trying to say was that service/guide dogs are permitted in what would be considered normal customer/patient/client areas. i obviously did not mean off-limits areas or places where only service people would be expected to go -- like basements, electrical areas, the roof, etc. clearer?
gives the saying, blind leading the blind, some much-needed validity.
personally, i am ALL for pets being allowed on the floors.
if someone has an allergy, take a benadryl.
not to sound heartless, but the therapeutic benefits far outweigh any perceived risks.
leslie:paw:
I am in the hospital 3 - 5 times a year and one of the doctors that rounds in the evening brings his dog along -- a Labador, and leaves him at the nurses station. For those who are able and likes dogs, this includes me, go to the nurses station and visit with the pooch. The dog is immaculate, very well behaved and very loving. The pooch brings a wondeful welcome break to all that is going on and makes for some well needed happiness.
I understand how its nice to have a pet in the hospital room with you as a patient, but my concern would be the germs the hound is packing in its fur and on its feet, not to mention the right of other patients who are allergic to them. A hospital just isnt a place for dogs (unless its truely a service dog). If EVERY patient were allowed to bring their pets, imagine the chaos. If you break the rule for one, you will have to break it for the rest because people talk!
Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
Please. A hospital is most definitely a business. Non-profit or not.
Of course a hospital is a business.....They charge for a specific service. They are required to treat reguardless of the ability to pay.....but trust me they get their money in the long run. Not for profit does not mean they are required to run in the red but that they are tax exempt but the monies are required to be distributed and reinvested for the improvement of the facility within a determined amout of time. But they remain a business. Any hospital recieving medicare and medicaid must comply within certian rules and regs or loose their reimbursement. Especially the required adherance for the ADA. Look at the site that sharpei mom suggested for the rules and regs....and no.......service/companion animals do not HAVE to be registered and you may not require anyone to "show" papers. In educating oneself your gain power and peace!
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sharpeimom
2,452 Posts
COMMONLY ASKED QUESTIONS ABOUT
SERVICE ANIMALS IN PLACES OF BUSINESS
1. Q: What are the laws that apply to my business?
2. Q: What is a service animal?
4. Q: What must I do when an individual with a service animal comes to my business?
5. Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in?
6. Q: My county health department has told me that only a guide dog has to be admitted. If I follow those regulations, am I violating the ADA?
7. Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business?
8. Q: I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal?
9. Q: Am I responsible for the animal while the person with a disability is in my business?
10. Q: What if a service animal barks or growls at other people, or otherwise acts out of control?
11. Q: Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?
If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD).