Monday's not starting off so well

[deza]

So, my Monday hasn't been so great. I had a neurologist appointment, almost wasn't seen because of my service dog, and ended up getting refferred to Duke because the neurologist can't figure out what's wrong with me.

Yes, I almost wasn't seen because my service dog was with me. Yes, that is discrimination. Here's a portion of the letter I originally drafted to the doctor's office about it.

I visited your office today for a scheduled appointment regarding neurological issues. I have utilized your practice for several months. Today I had with me my Service Dog, Tassie, who has been prescribed to me by another physician and needs to stay with me at all times. Tassie, a toy poodle, was well-behaved and quiet while in your office, falling asleep in my lap while we were in the waiting room. At all times she wore a vest with a large "Service Dog" patch clearly displayed.

I was publicly and loudly asked by a staff member from across the waiting room if Tassie was "a seeing-eye dog." At that time I identified her as a service dog. I was then asked to leave the waiting room as "the dog was causing patient concerns." I complied, moving to the office area of the practice. I was then informed that my "pet" could not be in the office. I again identified her as a service dog, not a pet, and stressed that she could only do her job if she was with me. I was asked how long I have had her and was informed that keeping my "pet" with me was a violation of both OSHA and HIPPA and that my aide would have to remove her from the building. Again I identified her as a service dog and stated that under ADA she could not be legally denied access. Again I was told I was creating an OSHA violation, andagain I refused to remove her without cause. At that point Dr B informed me a staff member had a "dog allergy." My aide removed Tassie from the building out of consideration for the allergy sufferer. This left me without the assistance services of both my prescribed service animal and my human aide in dealing with this medical appointment and the high level of stress created by the staff.

Throughout this process, the office staff acted in a manner that was hostile, accusatory and argumentative. The language used by the staff was threatening, stating I was creating a problem for them with legal ramifications. I was told I was violating two federal laws (OSHA and HIPPA) by the presence of my service animal. I was publicly addressed about this in a crowded waiting room, creating a great deal of emotional distress and embarrassment for both myself and my aide. There was a strong implication that I would be denied medical care if my service dog was not removed.

I'm a little bit outraged. This will be going farther.

Comments

[calendula-witch.livejournal.com]

Ah jeez. That's ridiculous. Absolutely, take this further.

[deza.livejournal.com]

I have a friend helping me with a nice letter to the medical board.

[fabricdragon.livejournal.com]

WHAT!!!!!!!!!???
outraged spluttering

may i strongly suggest contacting all available disability services in your region, and your local paper.
personally i would write up a press release/news article and submit it

"local woman denied medical care because of service dog"

on (date) __name__ went to her doctors, with her service dog and a medical aid assistant.

she was (details)

her medical aide and her service dog, both of whom are supposed to be with her for her medical support, were sent outside, while the disabled woman was left to deal with hostile and threatening medical staff, in violation of (laws) and her human rights.

finish it up with a tag line suit to the paper.... like about how doctors wonder why people dont come in to the doctors office unless its an emergency, or "why people dont trust their medical providers" or
"laws are all well and good, but what about when the authorities ignore them"

thats just outrageous.
and for the record? sorry to say that if a staff member is allergic to dogs, they need to find a way to have you AND your dog seen while still not endagering teh staffer... like a specific patient room that that staffer doesnt go into until its been cleaned.

[deza.livejournal.com]

As soon as they get done presenting the Duke referral to my insurance, this is blowing up in their faces. Among other things, I'll be contacting the Department of Justice about blatant ADA discrimination and Tricare (military medical insurance) about patient discrimination.

They did see me in the end, after Andrew took Tassie out of the building.

[fallconsmate.livejournal.com]

if he's a part of a several doctor practice, they need to get their heads out of their asses. period. service dogs NEED to be with their patient. period.

and poodles are one of the LEAST allergy-triggering dogs out there! gah!!

i agree with fabricdragon, get the media involved. call your local station that has a watchdog person, call the paper. this is NOT a good thing for you or any other person that has to deal with that idiot staff.

[deza.livejournal.com]

The doctor himself told me to get the dog out of the building. Funny thing is, if they'd politely told me there was an allergery issue and asked if I'd mind taking her out, I'd have been happy to find a way to work with them. Instead, I'm still so mad I'm shaking and they'll be facing a lawsuit.

[vvalkyri.livejournal.com]

HIPAA??? Health Insurance Portability and Acountabilty Act? er, no.

[tigrkittn.livejournal.com]

That was my first thought, too.

[deza.livejournal.com]

Don't you watch the Bush's baked Beans commercials? Dogs talk yanno.

I was kinda bewildered by it, myself.

[tigrkittn.livejournal.com]

That's infuriating. I hope you push this as far as necessary, and that Duke treats you with respect. When will you be in Durham? I'm just down the road...

[deza.livejournal.com]

No appointment yet, as it's going through the referral process. However, we're most likely moving to that area next June! We're looking at Cary/Apex for the schools.

[thewenchywiccan.livejournal.com]

Take it to the press. That's beyond outrageous. :(

[deza.livejournal.com]

Once the referral goes through, I'll be making waves.

[muntahz.livejournal.com]

Don't you just love uneducated health care professionals!? NOT!
I am so sorry you and Tassie were treated that way.
You stomp their butts - flat!
Hugs.

[deza.livejournal.com]

I'm educating them. The letter I'm sending to the practice contains the relevant portions of ADA and a link to the Delta Society.

[kiwiria.livejournal.com]

This will be going farther.
It had better be. Keep us updated, please?

[deza.livejournal.com]

Will do.

[dorei.livejournal.com]

Are you still in Georgia? Because if so, you're in for an uphill battle. They don't seem to really recognize psychiatric service dogs.

http://www.servicedogcentral.org/content/node/464

The following states have statutory definitions of either disability or service dog intentionally worded to exclude PSDs. This means that PSD owners and trainers have no additional rights under state laws in these states. If a person with a disability and a fully trained PSD qualifies under the ADA, they would still have regular protections under the ADA, but no additional ones. This has the largest impact on those training PSDs.

Arkansas (Public Health Code § 20-14-304(a)),
Delaware (Commerce & Trade Code § 6-45-4502),
Florida (Social Welfare § 413.08),
Georgia (Handicapped Persons Code § 30-4-2),
Idaho (Public Welfare Code § 56-701A(7)),
Illinois (Civil Liabilities Code § 740.13/5),
Louisiana (Public Welfare Code § 46.1952),
Massachusetts (Criminal Code 1.272.98A),
Michigan (Penal Code Penal Code § 750.502c),
Mississippi (Criminal Code § 97-41-21(5)(g), referring to a service dog for a “physically limited” individual),
Missouri (Public Health & Welfare Code § 12.209.150.4),
Oklahoma (Blind Persons Code § 7.19.1.D.2),
Oregon (Education & Culture Code § 346.680),
South Dakota (Personal Rights Code § 20-13-23.2),
Tennessee (Professions, Businesses and Trades Code § 62-7-112(a))

[deza.livejournal.com]

We're in NC now. Tassie is a PSD and in training for SD. SDits receive the same rights as SDs under NC code.

[muntahz.livejournal.com]

I forgot to mention this earlier - Tassie is a Poodle?
Right?
So she is an allergian free dog!
She and Portuguese Water dogs have Hair not fur.
SO No Possibe Way this person was allergic to her unless this person is Allergic to Everyone with hair.
Including herself!
Anyone who works for a Doctor should know this detail.

[chomiji]

Yes, this!

People who are allergic to dogs are almost never allergic to poodles!

(How did they not know this, after all the publicity about the President's family and the need for an allergen-free dog?)

[millysdaughter.livejournal.com]

Take it to all the local news media outlets in your area, as well as to the medical licensing board.

[faireraven.livejournal.com]

http://www.riversongproductions.com/Commonly%20Asked%20Questions%20About.pdf

The only thing is, according to this page, the ones they really can't argue about are those for hearing, vision, mobility, and seizure disorders. Any other type of service dog winds up in slightly gray territory.

However, I thoroughly agree that when you identified the dog as a prescribed service dog, they should have let up on you.

http://www.articlesnatch.com/Article/Registered-Service-Dogs-And-The-Ada/914417

that's in case you want to make sure you have registered paperwork for the future. You aren't supposed to NEED it, but that doesn't mean people aren't stupid.

Sorry you had to put up with this crap, hon.

[starcrossedlady.livejournal.com]

I know I'm asking the obvious, bear with me...

why didn't they mention the allergy in the first place?

[ladyariadna.livejournal.com]

I work for federal OSHA - I'm going to ask about this supposed "law" they are referring to. I haven't heard anything about this under the health portion of occupational safety and health, though I am still a n00b and may not know everything yet. I'm going to check with one of our industrial hygienists. I'll get back to ya!

[n5iln.livejournal.com]

HIPAA? Ha! They'll be hard-pressed to explain how a PSD violates patient privacy. Do they think she's going to spy on an exam room, come back and tell you what's going on? As soon as you identified her as a service dog, that should have been the end of it, no mention of HIPAA or OSHA regs, no nothing. Unless I was misled horribly during my required training in medico-legal issues, Federal law supersedes Federal regulations, because regulations are created by a particular Congressionally-sanctioned bureaucratic enforcement body, and laws are created by direct legislative action.

They were looking to raise a fuss. Something tells me they aren't ready for the fuss they're going to wind up raising...or the fact that they'll be the ultimate subject of that fuss.

I'm fairly certain you can quickly locate one or more attorneys who would happily take the case on spec...maybe even one or two who would take it pro bono just to make a name for themselves.

The clinic is gonna be noho ma ke puhi.

DISCLAIMER: "I am not an attorney and am not qualified to give legal advice. Consult a licensed and practicing attorney in your area for definitive legal advice regarding your situation."

[kiwiria.livejournal.com]

Holy crap deza, the feedback from bad_service has been insane! I woke up this morning to almost 100 comments - ALL of them supportive! Usually posts that generate that many comments will have at least a bit of wank, but it honestly seems that your situation has gotten the entire community enraged and on your side.

There are a number of good suggestions for you, I don't know if you want to check out the comments yourself, or if you'd like me to summarize them for you?

Thanks for letting me post it.

[deza.livejournal.com]

Wow, that is impressive! I did post a link to psychiatric service dog tasks, since the one poster seemed confused about what an animal can be trained to do. :)

Slightly confused here....

[angelic-mystic.livejournal.com]

How is a DOG who cannot speak, write, sign, or type supposed to violate HIPPA? Or are you planning on sneaking patient records out under Tassie's vest?

I can see them saying something about OSHA regs but HIPPA... really?

You should definitely pursue this and then maybe change neuro's, if that's an option.

[shehasathree]

w.t.F?! so angry on your behalf!

and i say that as someone with a longstanding fear of dogs (exacerbated when one bit me with no provocation when i was delivering newspapers in 2002) and a partner who's allergic.

glad to hear that official complaints are in the works. hope the new neurologists are more useful!

[acelightning.livejournal.com]

[paradoxymoron.livejournal.com]

DUDE. WHAT IS THIS I DON'T EVEN?

You should carry around a laminated version of whatever ADA regs or other federal regs that allow slash permit a f'n PRESCRIBED SERIVICE POOCHIKINS and wave it in their faces.

Photographers have this (Photographer's rights thing). You should, too. Keep several copies of it at hand, tuck one copy in the chair, keep a smaller version with Spoony the Dog in the service vest.

Other things:

What are the recording laws in your state? If this is an ongoing problem with a provider, you may be able to document this (for the court of law or the court of public opinion).

...stage a sit-in? Get a bunch of people with servive animals to schedule appointments the same day as protest? :)