Laws Governing ESAs and Service Animals, Part 3 of 3

By Amanda I. Forbes, J.D.

This is part 3 of 3 in a blog series regarding the differences between Service Animals and Emotional Support Animals. Read part 1 and part 2.

The Fair Housing Act (FHA) is a federal law that “prohibits discrimination in housing because of: race or color, national origin, religion, sex, familial status, and disability.” (Emphasis added). It applies to both emotional support animals and service animals. (“emotional illness.”)
Click here to learn more.

In addition, the FHA states it is unlawful to:

[D]iscriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap.

42 U.S.C. Section3604(f)(1).

It also prohibits discrimination:

[A]gainst any person in the terms, conditions, or privileges of sale or rental of […]

By |2024-03-14T09:59:53-04:00December 22, 2020|Categories: Mental Health Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |2 Comments

Emotional Support Animals and Protecting Your License, Pitfalls and Tips, Part 2 of 3

Amanda I. Forbes, J.D.By Amanda I. Forbes, J.D.; and George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law

This is part 2 of 3 in a blog series regarding Emotional Support Animals (ESA) support letters being prepared by counselors and therapists. There are serious pitfalls that exist for the unwary mental health professional and, in part 1, we provided a number of tips on how to avoid these. Click here to read part 1. Don’t forget to read part 3!

The ACA has identified specific potential risks to animals, clients, the public, and counselors which everyone involved in this area of practice should be familiar with.

Potential Risks to Animals:

1. Neglect or other abuse; poor mental health on the part of the client may prevent adequate animal care […]

By |2024-03-14T09:59:55-04:00October 5, 2020|Categories: In the News, Mental Health Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |2 Comments

Certifying Emotional Support Animals and Protecting Your License, Part 1 of 2

Attorney Amanda I. ForbesBy Amanda I. Forbes, J.D., and George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law

In today’s stress-filed world if you are a mental health counselor or other professional counselor, it is likely that you will encounter a client seeking to obtain an Emotional Support Animal (ESA)
designation letter from you. Providing such a letter may cause you to face complaints, licensing, and disciplinary actions driven by hostile landlords, homeowners associations, and business establishments that do not want any sort of animals on their premises. Often cases wind up in civil litigation. The client may also try to retaliate against you, should the client be the victim of legal problems because of attempting to keep an ESA and not understanding the legal ramifications.

However, you, as an experienced, licensed […]

By |2024-03-14T09:59:55-04:00September 28, 2020|Categories: In the News, Mental Health Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |2 Comments

Have You Found an NSO Insurance Attorney to Defend You in a Complaint Against Your Nursing License or Nurse Practitioners License?

Attorney George F. Indest head shotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Many nurses, nurse practitioners, and certified registered nurse anesthetists (CRNAs) carry professional malpractice insurance through the Nurses Service Organization (NSO) or one of the other similar insurance companies. This insurance is inexpensive and provides excellent coverage. What you may not realize, however, is that such insurance provides many added benefits, other than just coverage on nursing liability lawsuits. It will pay for legal defense expenses if there is a complaint filed against your nursing license. It will pay legal expenses for a lawyer to get involved and represent you if you receive a subpoena to testify or provide records. It will cover you if you have a HIPAA complaint or breach […]

By |2024-03-14T09:59:56-04:00August 24, 2020|Categories: Mental Health Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Have You Found an NSO Insurance Attorney to Defend You in a Complaint Against Your Nursing License or Nurse Practitioners License?

Have You Found an Experienced NSO Insurance Attorney to Defend Your Nursing License or Nurse Practitioners License?

Attorney George F. Indest head shotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Many nurses, nurse practitioners, and certified registered nurse anesthetists (CRNAs) carry professional malpractice insurance through the Nurses Service Organization (NSO) or one of the other similar insurance companies. This insurance is inexpensive and provides excellent coverage. What you may not realize, however, is that such insurance provides many added benefits, other than just coverage on nursing liability lawsuits. It will pay for legal defense expenses if there is a complaint filed against your nursing license. It will pay legal expenses for a lawyer to get involved and represent you if you receive a subpoena to testify or provide records. It will cover you if you have a HIPAA complaint or breach […]

By |2024-03-14T09:59:58-04:00June 1, 2020|Categories: Health Facilities Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Have You Found an Experienced NSO Insurance Attorney to Defend Your Nursing License or Nurse Practitioners License?

National Nurse Attorneys Association Releases COVID-19 Paper in Support of Front Line Nurses and Health Workers

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On April 2, 2020, The American Association of Nurse Attorneys (TAANA) released a position paper providing an analysis of several key legal issues now facing nurses, physicians and other healthcare professionals dealing with the novel coronavirus pandemic throughout the U.S. The paper addresses many key challenges faced by healthcare professionals on the front line of the COVID-19 pandemic, including the lack of personal protective equipment (PPE), inadequate COVID-19 testing, and professional license/employment issues.

Main Issues and Recommendations.

Given the alarming number of COVID-19 cases in the U.S., TAANA encourages federal, state and local governments and administrative professional licensing agencies to adopt universal protocols to address several key issues.

Specifically, TAANA recommended:

• the […]

By |2024-03-14T09:59:59-04:00May 21, 2020|Categories: Health Facilities Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |2 Comments

The American Association of Nurse Attorneys (TAANA) Releases COVID-19 Paper in Support of Front Line Health Workers

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On April 2, 2020, The American Association of Nurse Attorneys (TAANA) released a position paper providing an analysis of several key legal issues now facing nurses, physicians and other healthcare professionals dealing with the novel coronavirus pandemic throughout the U.S. The paper addresses many key challenges faced by healthcare professionals on the front line of the COVID-19 pandemic, including the lack of personal protective equipment (PPE), inadequate COVID-19 testing, and professional license/employment issues.

Main Issues and Recommendations.

Given the alarming number of COVID-19 cases in the U.S., TAANA encourages federal, state, and local governments and administrative professional licensing agencies to adopt universal protocols to address several key issues.

Specifically, TAANA recommended:

• the federal government to fully utilize the Defense Production Act to ensure the […]

By |2024-03-14T09:59:59-04:00May 19, 2020|Categories: Health Facilities Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on The American Association of Nurse Attorneys (TAANA) Releases COVID-19 Paper in Support of Front Line Health Workers

National Nurse Attorneys Association Releases COVID-19 Paper in Support of Front Line Nurses and Health Workers

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On April 2, 2020, The American Association of Nurse Attorneys (TAANA) released a position paper providing an analysis of several key legal issues now facing nurses, physicians and other healthcare professionals dealing with the novel coronavirus pandemic throughout the U.S. The paper addresses many key challenges faced by healthcare professionals on the front line of the COVID-19 pandemic, including the lack of personal protective equipment (PPE), inadequate COVID-19 testing, and professional license/employment issues.

Main Issues and Recommendations.

Given the alarming number of COVID-19 cases in the U.S., TAANA encourages federal, state and local governments and administrative professional licensing agencies to adopt universal protocols to address several key issues.

Specifically, TAANA recommended:

• the federal government to fully utilize the Defense Production Act to ensure the manufacture […]

By |2024-03-14T10:00:00-04:00April 22, 2020|Categories: Nursing Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on National Nurse Attorneys Association Releases COVID-19 Paper in Support of Front Line Nurses and Health Workers

Finding an NSO Insurance Attorney to Defend You in a Complaint Against Your Nursing License or Nurse Practitioners License

Attorney George F. Indest head shotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Many nurses, nurse practitioners and certified registered nurse anesthetists (CRNAs) carry professional malpractice insurance through the Nurses Service Organization (NSO) or one of the other similar insurance companies. This insurance is inexpensive and provides excellent coverage. What you may not realize, however, is that such insurance provides many added benefits, other than just coverage on nursing liability lawsuits. It will pay for legal defense expenses if there is a complaint filed against your nursing license. It will pay legal expenses for a lawyer to get involved and represent you if you receive a subpoena to testify or provide records. It will cover you if you have a HIPAA complaint or breach of medical privacy complaint filed against you.

Under such policies, the […]

By |2024-03-14T10:00:01-04:00April 14, 2020|Categories: Nursing Law Blog, Uncategorized|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Finding an NSO Insurance Attorney to Defend You in a Complaint Against Your Nursing License or Nurse Practitioners License

Florida DOH Issues Emergency Rules for Medical Marijuana Treatment Centers

George IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Effective December 10, 2019, emergency rules for the regulation of medical marijuana treatment centers (MMTCs) were issued by the Florida Department of Health (DOH). Also issued were notices of proposed rules to provide further regulation for background screening and renewal applications.

Emergency Rules.

In Florida, emergency rules may be adopted if an administrative agency finds there is an immediate danger to the public health, safety, or welfare. Such rules are effective for 90 days while an agency undertakes the formal rulemaking process. Agency rulemaking is subject to challenge under Florida’s Administrative Procedures Act (APA), which allows those who have a substantial interest in the prosed rules to challenge them. This means implementation could be delayed.

Rule 64ER19-7, Florida Administrative Code–Background Screenings for MMTCs.

The new Florida administrative rule, […]

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