re: Penalty for using fake service dog?

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People are using the therapy and companion dog designation to bring pets on planes and through airports. I saw a couple in Hartsfield walking two Westies through with companion dog leashes. Everyone knows it's bull shite.

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Therapy dogs are ones that are trained to go visit hospitals, nursing homes, etc to provide therapy for the people there. They are not covered under any of the federal disability laws.

Emotional Support Animals mitigate their person's disability by being there, they are covered under the Air Carrier's Access Act. The ACAA allows airlines to require 48 hours notice and specific documentation from a treating licensed medical professional, the stuff purchased online does not qualify.

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It's as easy as entering in your CC#

LINK

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All that means is a person spent money, it does not make an animal an emotional support animal that is protected by federal laws.

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we had to let the dog stay...the patient going outside with the dog periodically to let the dog go to the bathroom.

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Just when you think you have seen it all...

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Had a call this weekend about this very topic.

Guy in the hospital has his dog staying in the room with him. Claims it is his service dog. Charge nurse calling me wanting to know if she can demand proof. Had to look up our hospital policy on this matter. Legally...we can only ask if the animal is a service animal and what function they serve. We CANNOT ask for proof that the animal is a service animal. We can ask for proof of rabies vaccinations. We cannot refuse the animal to stay unless the animal poses a direct threat to the health of others.

So we had to let the dog stay...the patient going outside with the dog periodically to let the dog go to the bathroom. Dog not even wearing a vest.

And this is in a hospital of all places.

ETA: I think ADA only officially recognizes dogs and horses as service animals.

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Yes that is all correct. No proof, vest is not required, can be with the patient, only dogs with a provision about miniature horses. The guidance section of the ADA goes into more detail but the most recent FAQ sheet addresses this as well. FAQ about Service Animals and the ADA

Q14. Does a hospital have to allow an in-patient with a disability to keep a service animal in his or her room?

A. Generally, yes. Service animals must be allowed in patient rooms and anywhere else in the hospital the public and patients are allowed to go. They cannot be excluded on the grounds that staff can provide the same services.

Q15. What happens if a patient who uses a service animal is admitted to the hospital and is unable to care for or supervise their animal?

A. If the patient is not able to care for the service animal, the patient can make arrangements for a family member or friend to come to the hospital to provide these services, as it is always preferable that the service animal and its handler not be separated, or to keep the dog during the hospitalization. If the patient is unable to care for the dog and is unable to arrange for someone else to care for the dog, the hospital may place the dog in a boarding facility until the patient is released, or make other appropriate arrangements. However, the hospital must give the patient the opportunity to make arrangements for the dog's care before taking such steps.

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animals must be allowed in patient rooms and anywhere else in the hospital the public and patients are allowed to go.

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We can exclude them from the ICUs. Only way they can go into the ICU is by special permission by Infection Control.

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There are a couple organizations online that provide certification (for a price) based solely on the owners word that the animal is trained.

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True but those certifications are not recognized by any of the federal regulations. They carry no legal meaning. The FAQ on Service Animals and the ADA addresses those as well. Under Q17:
"There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal."

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We can exclude them from the ICUs. Only way they can go into the ICU is by special permission by Infection Control.

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ICUs are iffy, sometimes yes sometimes no. The ADA guidance section references the CDC Guidelines for Environmental Infection Control in Health-Care Facilities for Service Animals in hospitals. Here are some relevant portions of that from pgs 108-109 (123-124 of the linked pdf):

An overview of the subject of service animals and their presence in health-care facilities has been published.
1366 No evidence suggests that animals pose a more significant risk of transmitting infection than people; therefore, service animals should not be excluded from such areas, unless an individual patient’s situation or a particular animal poses greater risk that cannot be mitigated through reasonable measures. If health-care personnel, visitors, and patients are permitted to enter care areas (e.g., in­patient rooms, some ICUs, and public areas) without taking additional precautions to prevent transmission of infectious agents (e.g., donning gloves, gowns, or masks), a clean, healthy, well-behaved service animal should be allowed access with its handler.1366 Similarly, if immunocompromised patients are able to receive visitors without using protective garments or equipment, an exclusion of service animals from this area would not be justified.

Excluding a service animal from an OR or similar special care areas (e.g., burn units, some ICUs, PE units, and any other area containing equipment critical for life support) is appropriate if these areas are considered to have “restricted access” with regards to the general public. General infection-control measures that dictate such limited access include a) the area is required to meet environmental criteria to minimize the risk of disease transmission, b) strict attention to hand hygiene and absence of dermatologic conditions, and c) barrier protective measures [e.g., using gloves, wearing gowns and masks] are indicated for persons in the affected space. No infection-control measures regarding the use of barrier precautions could be reasonably imposed on the service animal.

Why don't you mine your own fricking business

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I would love to get her arrested for this.

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I'm with you, but there's zero chance that happens. The only thing they could do is make her leave for not having the right documentation.