# 66


III-4.2300                              May 10, 1993





The Honorable John C. Danforth
United States Senator
8000 Maryland Avenue
Suite 440
Clayton, Missouri  63105

Dear Senator Danforth:

     This letter is in response to your inquiry on behalf of your
constituent, Sarah Holbert, and her concern about the Americans
with Disabilities Act (ADA) and service animals in hospitals.  

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities having rights or
obligations under the Act.  This letter provides informal
guidance to assist Ms. Holbert in understanding the ADA's
requirements.  This technical assistance, however, does not
constitute a determination by the Department of Justice of rights
or responsibilities under the ADA, and does not constitute a
binding determination by the Department of Justice.

     Unless it is a religious entity or under the control of a
religious organization, a health care facility, such as a
hospital, is covered by the provisions of title III of the ADA
and the Department's title III regulation as a place of public
accommodation (see section 36.104 of the enclosed regulation). 
According to section 36.302(c), a public accommodation is
required to modify policies, practices, or procedures to permit
the use of a service animal by an individual with a disability. 
The intent of this regulation is to ensure that the broadest
feasible access be provided to service animals in all public
accommodations, including hospitals and nursing homes.  This
regulation also acknowledges that in rare circumstances, if the
nature of the goods and services provided or accommodations
offered would be fundamentally altered, or if the safe operation
of a public accommodation would be jeopardized, a service animal
need not be allowed to enter.

     A showing by appropriate medical personnel that the presence
or use of a service animal would pose a significant health risk
in certain areas of a hospital may serve as a basis for excluding
service animals in those areas.  In developing a list of areas
from which service animals may be excluded, a hospital facility
must designate only the exact areas where exclusion is
appropriate.  For example, if a hospital facility does not allow
the presence of a service animal used by an individual receiving
out-patient care, this decision must be based on a medical
determination that the presence of the service animal would pose
a significant health risk, or that the services provided by the
hospital would be fundamentally altered.  If a service animal
must be separated from an individual with a disability, in order
to avoid a fundamental alteration or a threat to safety, it is
the responsibility of the individual with a disability to arrange
for the care and supervision of the animal during the period of
separation.  See section 36.302(c)(2).

     For your information, we have also enclosed a copy of a 1988
memorandum interpreting the application of section 504 of the
Rehabilitation Act of 1973, as amended, to the presence of
service animals in health care facilities.  As you can see, the
Federal government's policy on this issue has been consistently
applied for a lengthy time period.

     I hope this information is helpful in responding to 
Ms. Holbert's concerns.  

                                   Sincerely,




                                James P. Turner
                       Acting Assistant Attorney General
                             Civil Rights Division

Enclosures (2)