Can physician's assistant refuse to treat patients who smoke? 06-07-2006

I have severe persistent asthma--DAILY, I take advair 500 bid; asmanex 2 inhalations bid; singulair; intal 2 inhalations bid. I take Xolair injections every 2 weeks. I have oxygen for prn use, as well as albuterol and duoneb.

Smoke is my worst trigger. I have been hospitalized and even fractured a rib from coughing during an asthma attack that was caused by exposure to second hand smoke that drifted from a room next to mine in a hotel.

I am a physician assistant at an Asthma Clinic. Because my asthma is so severe, I refuse to accept patients who smoke. I am told that this is discrimination and can make me legally liable for negligence.

Is this true?

If I knowingly allow myself to be exposed to smoke and then have an asthma attack that renders me incapable of treating patients waiting to see me, am I being negligent to them?

Rita Risser replies:

It is hard to believe that an Asthma Center would not be more understanding of you! Although it is illegal in most states to discriminate against people for doing things that are legal, such as smoking, it is only illegal for the facility to discriminate, not you personally. So as long as the Center treats smokers, it is not illegal for you to not see smokers. In fact, under the Americans with Disabilities Act, the Center has to reasonably accommodate you (if the Center has 15 or more employees).

Good luck.

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