[nagdu] Hospital cannot ban all service animals from psych ward, federal judge rules

[Buddy Brannan]

Only one problem with it. It isn’t covered in current regulations, only dogs and miniature horses are. 
--
Buddy Brannan, KB5ELV - Erie, PA
Phone: (814) 860-3194 or 888-75-BUDDY



On Aug 9, 2013, at 12:06 PM, rhonda cruz <rhondaprincess at gmail.com> wrote:

> hi i think if the service go helps the handler then. they need to keep it with them, i see no problem with it.
> 
> On Aug 9, 2013, at 7:54 AM, Ginger Kutsch wrote:
> 
>> Hospital cannot ban all service animals from psych ward, federal judge rules
>> 
>> Posted Aug 8, 2013 3:20 PM CDT
>> 
>> By Martha Neil
>> 
>> The American Bar Association Journal
>> 
>> Source:
>> http://www.abajournal.com/news/article/hospital_cannot_ban_all_service_anima
>> ls_from_psych_ward_federal_judge_rules/
>> 
>> A California hospital can't unilaterally ban all service animals from
>> certain areas, such as a psychiatric ward, a federal judge has ruled.
>> 
>> 
>> 
>> Siding with a disabled woman who said she had to choose between getting the
>> treatment she needs for her bipolar disorder and getting the help she needs
>> from her highly trained service dog, Inglis, U.S. District Judge Ronald
>> Whyte held last week that El Camino Hospital had violated the Americans with
>> Disabilities Act by failing to do an individualized assessment of Inglis
>> before banning the animal, reports Courthouse News.
>> 
>> 
>> 
>> The hospital had argued that concerns about infection, the safety of its
>> other patients and disruption of ward routine justified the blanket ban.
>> 
>> 
>> 
>> But that is not what the law requires, Whyte said in a written opinion in
>> the San Jose case:
>> 
>> 
>> 
>> "El Camino must conduct individualized assessments in accordance with the
>> ADA and the Code of Federal Regulations to determine whether a specific
>> service animal poses a direct threat to the health or safety of others based
>> on reasonable judgment that relies on current medical knowledge or on the
>> best available objective evidence, to ascertain: the nature, duration and
>> severity of the risk; the probability that the potential injury will
>> actually occur; and whether reasonable modifications of policies, practices
>> or procedures or the provision of auxiliary aids or services will mitigate
>> the risk."
>> 
>> 
>> 
>> Plaintiff Abigayil Tamara, 70, said Inglis helps her with her balance, picks
>> up items she drops, pushes elevator buttons for her and helps her put on her
>> jacket, the news agency reports.
>> 
>> 
>> 
>> 
>> 
>> 
>> 
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> 
> 
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