Service animals in your office
Legally Speaking
Clifford Warren Lober, MD, JD, presents legal dilemmas in dermatology every other month. He is a dermatologist in practice in Florida and a partner in the law firm Lober, Brown, and Lober.
By Clifford Warren Lober, MD, JD, June 1, 2018
Avalon: Bryan, I just had a patient come to my office with a large pit bull which is supposed to be his “service animal.” I love animals, but this dog barks almost continually and disrupts the normal work flow in our office. Do I have to allow the patient to bring this dog?
Bryan: I really need to know more to answer that question. To begin with, we first need to determine if the dog is a service animal.
Avalon: What is a service animal?
Bryan: Under the Americans with Disabilities Act (ADA) and Department of Justice regulations, service animals are dogs that are individually trained to provide specific assistance to a disabled person directly related to that person’s disability. For example, a service dog may be trained to alert a diabetic when his or her blood sugar is too high or low, detect the onset of a seizure in an epileptic person, warn an individual who is hard of hearing, or guide a person who is visually impaired. A service animal is a working animal, not a pet.
Avalon: How can I determine if a dog is a service animal? What can I ask?
Bryan: You can only ask two questions: (1) Is the dog a service animal required because of a disability? (2) What work or task has the dog been trained to perform? You may not ask about the nature of the person’s disability, require proof that the dog has been trained, or ask for documentation or a demonstration of the dog’s ability to perform.
Avalon: The dog in question does not have a vest. Doesn’t a service dog have to wear a vest?
Bryan: No. The ADA does not require a service animal to wear a vest nor must it have an identification tag.
Avalon: Are any animals other than dogs considered service animals under the ADA? Can a cat or ferret be a service animal?
Bryan: The Department of Justice’s Civil Rights Division has determined that, under the ADA, miniature horses may also be considered service animals if they are individually trained to provide specific assistance to a disabled person directly related to that person’s disability. These horses usually weigh between 70 and 100 pounds and stand 24 to 34 inches high when measured to the shoulders. No animals other than dogs and miniature horses are considered service animals under the ADA.
Avalon: Are emotional support, comfort, therapy, or companion animals considered service animals?
Bryan: An animal who is there to provide emotional support is not considered a service animal unless the animal is a psychiatric service animal. To be such, the dog (or miniature horse) must have been individually trained to perform a specific task for the psychiatrically disabled individual under particular circumstances.
Avalon: Aren’t emotional support animals allowed on airplanes and other public places?
Bryan: The Air Carrier Access Act and the Fair Housing Act are more permissive than the ADA. Although state and local laws may give emotional support animals certain rights, most incorporate or paraphrase the language of the ADA. Furthermore, individual companies generally may choose to allow any animal they wish on their premises.
Avalon: Do I need to allow a service animal access to all areas of my office?
Bryan: You need to allow a service animal access to those areas where your patients and the public are normally allowed to be present, such as in your waiting room and examination rooms. You do not, however, have to allow service animals to be present in sterile areas such surgical suites or burn units.
Avalon: Are there circumstances under which I can keep a service animal out of my office?
Bryan: Yes. If the dog is not housebroken or if it is out of control, it can be denied access. A service animal must be on a leash or otherwise restrained when in public places unless doing so would restrict the animal’s ability to perform its work. In that case, the dog must be under the handler’s control by means of voice control, signals, or other means. A service animal can also be refused access if it is disruptive.
Avalon: The service animal in question barks a lot. Is this considered disruptive?
Bryan: It depends. An occasional bark or barking under appropriate circumstances would almost certainly not be considered disruptive. However, if the dog barks incessantly and the owner cannot or does not control the animal, it can be refused access.
Avalon: Bryan, the dog is a pit bull! Aren’t those dogs considered dangerous? Do I really need to allow a pit bull in my office?
Bryan: You cannot exclude a service animal based upon the breed of the dog. However, if an individual dog has a history of aggressive or dangerous behavior or is not under control of its owner, you may deny access to the service animal. If you do deny the access to the dog, however, you must still offer your services to the owner.
Avalon: Do I need to provide water for a service animal?
Bryan: Although it is the kind and humane thing to do, the owner is responsible for the care and supervision of his or her service animal. You are not obligated to take care of or provide for the dog in any way.
Avalon: I understand. Thank you for your time, Bryan.
