What are the rules related to service animals or support animals in public areas? Do the same rules apply when a patient wants to bring their animal into a healthcare facility? What about a doctor bringing their own pet to work with them?
What does the law say?
Let’s start with this…there is no blanket prohibition on animals in any public access area, at least by law. Many healthcare facilities, by their own choice, forbid patients and employees from bringing animals into the office. To the other extreme, some doctors bring Fido to work with them every day, often as an office mascot. Neither decision is wrong based on law and each doctor must evaluate the needs and expectations of their office regarding sterility, potential allergic issues, and other considerations. Fido may be a marketing attraction to some patients. I love dogs but some reason not everyone does! Bottom line – Fido in the office is an individual decision.
Disability Accommodations
The real issues relate to disability accommodations when patients want to bring an animal into the practice they classify as a service animal or support animal. Here, there are rules. Interestingly, the rules are not found in Title 1 of the Americans with Disabilities Act, which addresses specific places and accommodations. They are found in Titles II and III, which contain very general rules that apply to all public places. Sometimes, they just can’t make it simple!
Pets, Support Animals & Service Animals
The rules regarding pets, emotional support animals (now just called “support animals”), and service animals are different.
Pets and support animals are easy. There are no rules – maybe. Although pets and support animals are not specifically mentioned in Title 1, the general disability accommodation requirements would still make it necessary for a doctor to have and defend their specific policy based on the needs of the practice. The doctor has every right to allow or not allow any patient’s or employee’s pet, even a so-called “support” animal in the office based on those individual determinations. It is simply up to you. Consider your personal opinion, patients’ potential expectations, potential allergy issues for patients or employees, and the level of sanitation required for the services provided. It’s your office!
Service animals are a different story. A doctor usually must allow disabled patients and visitors to be accompanied by their service animals, just like other places of public accommodation described in Title II and Title III. Under Title II, a service animal is defined as “dogs or miniature horses that are individually trained to do work or perform tasks for people with disabilities”. In general, providers must allow service animals access anywhere in the facility the public, employees or patients are allowed to go. The one exception is if the doctor can make a case that animals in a healthcare facility pose a health hazard. You have that right of determination if you wish. Another limitation under the law is the need to confirm the validity of a service animal. Most legitimate service animals wear identification vests and are restrained by a leash. True service dogs would almost never be found “off leash”. Unfortunately, service vests are easily accessible from pet supply vendors with no required documentation of their validity. Also, the doctor cannot require the patient or employee to provide any sort of registration or certification proving that the animal is a “service animal”. You can ask two questions:
- Is this a service animal required because of a disability?
- What work or task has the animal been trained to perform?
Reasonable Accommodations
Seems invasive and complicated, and it can be. State and local laws can also filter into your decisions. The key to accommodating all these “animals in the office” questions goes back to an underlying guideline in all disability accommodations. Every business owner is required to make reasonable accommodations for people with disabilities, as long as such accommodations do not pose an undue hardship on the business. Examples of reasonable accommodations may be requiring all animals on a leash at all times, restricting access only to hypoallergenic dogs, limiting appointment availability to times outside of normal business hours or during slower periods – whatever YOU determine is reasonable for your business. What is reasonable for your business may be no animals at all, period.
It’s always nice to be accommodating, but in the final analysis, it is your business.