[NAGDU] Refused at medical office

Fri Dec 21 01:23:28 UTC 2018

Dear All,

	The information I will share should be considered informal guidance only; it should not be considered legal advice. Private entities that provide public accommodations are required to allow an individual with a disability the right to be accompanied by a service dog unless doing so would pose a "direct threat". A direct threat means a significant risk to the health or safety of others that cannot be eliminated by a reasonable modification of policies, practices, and procedures. If an entity asserts the presence of a service animal poses a direct threat, they must demonstrate that the animal poses such a threat; it is not up to the individual accompanied by a service dog to demonstrate it does not. This is what is known as an affirmative defense. In other words, they must prove a "Yes". 

	The Centers for Disease Control and Prevention (CDC) asserts that the presence of a service dog poses no more risk to the health or safety of others than does a human. Though it is true that a dog in a sterile environment would be considered a direct threat, an examination room is not a sterile environment. One method of determining if a sterile environment exists is whether or not those entering the room must scrub and don masks, gowns, and gloves prior to entering. If those in the room are wearing their street clothes, it is absolutely not a sterile environment and a service dog should be admitted. The only exception to this rule would be if there were equipment essential for life support, such as in an intensive care unit. I have attached a document from the CDC entitled, "Environmental infection control in health care facilities" you may wish to share with the physicians office. If this document is stripped by the servor, you can write to me directly and I will send it to you. I would also be willing to contact the medical facility and discuss this issue with them. If they are unwilling to modify their policies, practices, and procedures to comply with the Americans with Disabilities Act, I would strongly suggest filing a complaint with the United States Department of Justice, your local law enforcement office (it may be a criminal violation of your state statutes), your state's advocacy and protection office, and the state entity licensing the physician and the practice  to set this facility straight.

	If you have any questions, please do not hesitate to write back or give me a call. My contact information is below my signature.

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 Sandra Johnson via NAGDU
Sent: Thursday, December 20, 2018 7:20 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Cc: Sandra Johnson
Subject: Re: [NAGDU] Refused at medical office

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

_______________________________________________
NAGDU mailing list
NAGDU at nfbnet.org
http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
To unsubscribe, change your list options or get your account info for NAGDU:
http://nfbnet.org/mailman/options/nagdu_nfbnet.org/sljohnson25%40comcast.net 

_______________________________________________
NAGDU mailing list
NAGDU at nfbnet.org
http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
To unsubscribe, change your list options or get your account info for NAGDU:
http://nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.net
-------------- next part --------------
A non-text attachment was scrubbed...
Name: guidelines for environmental Infection Control in Health Care Facilities.doc
Type: application/msword
Size: 35328 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/nagdu_nfbnet.org/attachments/20181220/af748f1e/attachment.doc>