[NAGDU] Refused at medical office

Fri Dec 21 14:59:30 UTC 2018

I have used leash guiding on several occasions for many reasons.

On Fri, Dec 21, 2018 at 9:24 AM NAGDU President via NAGDU <nagdu at nfbnet.org>
wrote:

> Danielle,
>
>         You raise an important topic that many guide dog training programs
> erroneously assert - that your guide dog must be wearing its harness as a
> condition of legal access. The ADA and most state laws (I say "most"
> because I cannot categorically state "all" since I don't know each law)
> define a service animal as any animal (usually a dog) that has been
> individually trained to do work or perform tasks for the benefit of a
> person with a disability or some similar definition. Though some states do
> require the wearing of specific gear, these laws are unenforceable as they
> are incongruent with federal law and, if enforced, would violate the ADA's
> regulations. The essential element of a service dog is its training and
> that training can never be extracted, though it can be compromised by less
> than diligent handlers.
>
>         I have frequently asserted that I sometimes take a walk with my
> dog out of harness, using my white cane for mobility. If I decide to stop
> into a store to pick up some water or do a bit of other shopping, my dog is
> still a service dog and I still have the same rights of access and the same
> responsibilities. Not all service animals require specific gear to do their
> work or tasks, as in an dog trained to pick up drop items, open doors, turn
> on lights, etc. Though our guide dogs do wear such specific gear, many
> programs train their dogs to leash guide, something that is very simple to
> teach once the guide work has been established. It is good to have these
> sorts of discussions, as it makes us better advocates by sharing the
> knowledge we need to do so.
>
>
> Fraternally yours,
> Marion
>
> Marion Gwizdala, President
> National Association of Guide Dog Users Inc. (NAGDU)
> National Federation of the Blind
> (813) 626-2789
> President at NAGDU.ORG
> Visit our website
> Follow us on Twitter
> The National Federation of the Blind knows that blindness is not the
> characteristic that defines you or your future. Every day we raise
> expectations because low expectations create barriers between blind  people
> and our dreams. You can live the life you want! Blindness is not what holds
> you back.
>
>
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Danielle
> Sykora via NAGDU
> Sent: Thursday, December 20, 2018 8:32 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Cc: Danielle Sykora
> Subject: Re: [NAGDU] Refused at medical office
>
> Service dogs are not allowed in sterile environments; however, they must
> be truly sterile. Service dogs are not permitted in the OR or typically
> burn units where mask/gloves/other procedures are necessary. Exam rooms are
> definitely not sterile environments. Generally, if you can walk in with
> your normal clothes and shoes, your service dog can accompany you.
> I believe Peter uses a guide dog and his wife uses a non-guiding service
> dog, correct me if I’m wrong. Most service dogs do not wear guide
> harnesses, and it is unfair to say that a dog must wear a guide harness or
> discrimination is acceptable.
> Danielle, Thai, and Jackie
>
> Sent from my iPhone
>
> > On Dec 20, 2018, at 7:19 PM, Sandra Johnson via NAGDU <nagdu at nfbnet.org>
> wrote:
> >
> > Peter:
> >
> > It is not uncommon to have medical facilities say a dog cannot accompany
> a patient into a sterile area.  This is not discrimination but patient
> safety. I recently had this situation.  My doctor and staff are all aware
> that I am blind and that Eva is a guide dog.  However, the medical
> proceedure was being done in a sterile area therefore Eva could not
> accompany me.  I was asked if anyone was with me that could watch my dog.
> When I informed them I was alone several staff members eagerly offered to
> watch her while I was in the sterile area.  Second, the dog is your guide
> dog, not your wife's. Therefore right of access with a service dog laws
> would not cover her wanting your dog with her.  Finally you did not say
> your dog was in a standard guide dog harness.  If she is not in harness,
> how is anyone supposed to know she is a trained guide dog.  Anyone can buy
> service dog gear online so the general public and any medical professionals
> cannot tell the difference.  This is why I and many others feel a
> government issued ID card for professionally trained guide and service dogs
> is what should be done.  I am tired of all the fake service dogs making my
> life difficult.  I know in your case the dog is necessary but it is
> important for you to be sure she can be identified as a guide dog not a pet.
> >
> >
> >
> > -----Original Message----- From: Retina via NAGDU
> > Sent: Thursday, December 20, 2018 6:32 PM
> > To: NAGDU Mailing List,the National Association of Guide Dog Users
> > Cc: Retina
> > Subject: [NAGDU] Refused at medical office
> >
> > Hi folks,
> >
> > Will the legally informed of you please advise me…
> >
> > My wife and I just went into an MD Aesthetician’s office to inquire
> about a procedure.  I had Metukah, and she had here service dog Kira.  On
> entering, the receptionist, instead of “hello,” said to us at the door,
> “Sorry, the dog will have to go outside”.  Andrea said, “She’s a service
> dog; by federal law she can he can be with me.”
> >
> > The receptionist called over another who took over.  She asked a few
> operative questions about whether she had advance paperwork for the
> procedure.  As she did the room temperature dropped.  She followed that
> that Kira could not accompany her into an exam room, “because they are
> sterile.” This was curious, because we had recently visited a physician in
> a clinic up in Portland, where were inquiring as well in case the procedure
> might be done up there.  They had no issue in the lobby, or in the exam
> room.
> >
> > In this case, when Andrea said in response that there should not be an
> issue and that by law she could accompany her in an exam room, (even if not
> specifically inside a surgical suite which might be understandable), frost
> formed on this receptionist and on the walls.
> >
> > My wife said to me that she was uncomfortable, picked up the paperwork,
> and we left.  Too bad, because this physician was a wonderful man and a
> great doctor who once saved her life with emergency surgery.  We knew that
> since his career change to skin, he’d probably be one of the best locally.
> >
> > We would like to do him the courtesy of writing an informational letter
> so that he learns what happened and has a chance to get his staff
> educated.  My wife said that she is considering filing a complaint with
> DOJ.  But before that, we should simply get clear information as it applies
> to this specific circumstance.  Can one of you who is clear on ADA with
> this specific type situation inform us?
> >
> > Thanks,
> > Peter
> >
> >
> >
> >
> >
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-- 
Marianne Denning, TVI, MA
Teacher of students who are blind or visually impaired
(513) 607-6053