QUESTION:
A patient recently presented to our hospital with a pet turkey, claiming it as a service animal.  Do we have to allow the turkey into our facility?

ANSWER FROM HORTYSPRINGER ATTORNEY HALA MOUZAFFAR:
There are only two ways that a hospital can legally be required to allow a patient to bring an animal into the hospital:  (1) if it is a service animal, and (2) depending on state and local law, if it is an emotional support animal.

Service Animals
The Americans with Disabilities Act (“ADA”) requires that local governments, businesses, and nonprofits that service the public allow service animals to accompany individuals with disabilities into their facilities.  As long as the public is allowed in a certain part of a facility, the service animal is also permitted to go.  The ADA even specifically states that hospitals must generally allow service animals anywhere in the hospital the public and patients are allowed to go, including patient rooms.

The ADA has narrowly defined “service animal” to mean “dogs that are individually trained to do work or perform tasks for people with disabilities.” The ADA also has a special exception to this definition that specifies that miniature horses, who are trained to do work or perform tasks for people with disabilities, can also qualify as service animals.

Unfortunately for turkeys – who may have excellent gobbling skills but questionable bedside manner – there is no similar exception.  Even the most disciplined, Harvard-educated turkey could never legally qualify as a service animal.  Tough break, birds.

Emotional Support Animals
There is no ADA requirement that mandates facilities allow emotional support animals indoors.  However, some state and local governments have laws that allow individuals to bring emotional support animals into public spaces.  So, before you issue an all-out ban on emotional support animals, double check state and local laws to see if there are any rules on emotional support animals and the parameters on what qualifies as an emotional support animal.

So, unless you live in a state where state and local laws say otherwise about emotional support animals, your hospital can turn away our feathered friends at the door.  They may protest with some dramatic gobbling, but legally, you’re still in the clear.

If you have a quick question about this, e-mail Hala Mouzaffar at hmouzaffar@hortyspringer.com.