{"id":3524,"date":"2017-09-25T17:40:23","date_gmt":"2017-09-25T17:40:23","guid":{"rendered":"http:\/\/www.animalhealthfoundation.net\/blog\/?p=3524"},"modified":"2017-09-25T17:44:39","modified_gmt":"2017-09-25T17:44:39","slug":"service-dogs-and-emotional-support-animals","status":"publish","type":"post","link":"https:\/\/www.animalhealthfoundation.org\/blog\/2017\/09\/service-dogs-and-emotional-support-animals\/","title":{"rendered":"SERVICE DOGS AND EMOTIONAL SUPPORT ANIMALS"},"content":{"rendered":"

By Dr. Jean Dodds at Hemopet in Garden Grove, CA<\/h2>\n
\"Service<\/figure>\n

Depending on where you live, many businesses are now increasingly pet-friendly such as clothing stores, hotels, pet supply stores, photography studios, etc. For people who use and need service dogs for medical purposes or assistance, this can be a blessing and sometimes a problem. Compounding the problem is the definition of what is considered to be a service animal.<\/p>\n

According to the American with Disabilities Act (ADA) website, \u201cA service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person\u2019s disability.\u201d [The new ADA regulations also contain a specific provision which covers miniature horses.]<\/p>\n

Under the ADA, service dogs allow people with medical conditions or disabilities to function and participate in society such as going to movie theatres, the grocery store, work, restaurants, etc. A service dog may pull a wheelchair. Another example is that a service dog can help a person with epilepsy by detecting and then keeping the person safe during a seizure. Of course, many of us frequently see guide dogs for people with visual impairments.<\/p>\n

Businesses and other entities do have rights that protect them if a particular service animal behaves in a way that poses a direct threat to the health or safety of others or is not under the control of the handler.<\/p>\n

Additionally, businesses can ask two specific questions about service animals \u2013 that do not violate or interfere with the civil rights of people with disabilities \u2013 and are then protected from litigation. The ADA website states:<\/p>\n

    \n
  1. Is the dog a service animal required because of a disability?<\/li>\n
  2. What work or task has the dog been trained to perform?<\/li>\n<\/ol>\n

    Staff are\u00a0not<\/i>\u00a0allowed to request any documentation for the dog\u2019s training, require that the dog demonstrate his\/her task, or inquire about the nature of the person\u2019s disability.<\/p>\n

    Some states have regulations to protect people with disabilities that do\u00a0not<\/i>\u00a0infringe on their civil rights. Colorado passed a law last year that imposes fines on people who misrepresent ordinary dogs as those specifically trained for the purpose of assisting someone with disabilities. California takes the law further. Service dogs must be registered with the California Department of Food and Agriculture, which provides standardized identification tags. Anyone in California who falsely claims an animal to be a service animal can be charged with a misdemeanor, punishable by imprisonment in a county jail for six months or a fine up to $1000 or both.<\/p>\n

    Fair Housing Act<\/h2>\n

    Depending on the title within the ADA law, ADA is overseen by the Department of Justice (DOJ) or the Equal Employment Opportunity Commission.<\/p>\n

    The Fair Housing Act (FHA) \u2013 which is managed by the Department of Housing and Urban Development (HUD) \u2013 defines assistance animals, \u201cAn assistance animal is\u00a0not<\/i>a pet. It is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person\u2019s disability.\u201d The FHA states, \u201cPersons with disabilities may request a reasonable accommodation for any assistance animal, including an emotional support animal.\u201d<\/p>\n

    So, FHA is more all-encompassing to ensure fair housing for everyone. It covers people with disabilities who need a service dog to perform tasks\u00a0and\u00a0<\/i>people who need animals (any type) for emotional support. It overrides \u201cno pets policies\u201d by landlords.<\/p>\n

    FHA provisions are also built in\u00a0in case<\/i>\u00a0the animal may be considered a danger to others or property. Property owners \u2013 if the disability is\u00a0not<\/i>\u00a0apparent \u2013 can ask for documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability. The law does protect civil rights because landlords cannot ask for medical records or the nature of the disability.<\/p>\n

    Psychiatric Service Dogs<\/h2>\n

    Before we move on, we wanted to touch upon Psychiatric Service Dogs (PSD), as approximately 15 states have statutory definitions of either disability or service dogs that are intentionally worded to\u00a0exclude<\/i>\u00a0PSDs. If a person with a disability and a fully trained PSD qualifies under the ADA, they would still have regular protections under the ADA, but no additional ones provided by the state. These dogs are performing a specific task, such as:<\/p>\n