WHAT IS A SERVICE DOG?
A service dog, as defined in the American Disabilities Act, is an animal specifically trained to provide assistance to an individual with a disability. The term "disability," is defined by "a) a physical or mental impairment that substantially limits one or more of the major life activities of an individual b) a record of such impairment and c) being regarded as having such an impairment." The disability must be documented and the animal must be specifically trained in assistance with that disability. There are basic standards that service dogs must meet, and anyone with a service dog or contemplating certifying one should attest the dog meets these basic standards. The animal does not require certification, although licensure is available in certain states with proof of disability and specific canine training is highly recommended to avoid difficulties with authorities. Click here for a sample of the basic tasks to be mastered by a psychiatric service dog. Without documentation, the owner may be required to provide proof of disability, if not clearly visible.
In 2010, the Attorney General revised the definition of "service animal," to only include dogs. Service dogs are required to be leashed or harnessed at all times except when performing work or tasks where such tethering would interfere with the dog's ability to perform. Service animals are exempt from breed bans as well as size and weight limitations.
Dogs whose sole function is "the provision of emotional support, well-being, comfort, or companionship" are not considered service dogs under the ADA.
The use of service dogs for psychiatric and neurological disabilities is explicitly protected under the ADA.
There are facts one should know about service dogs, how to approach handlers, and the specifics of the ADA.
WHAT IF MY DISABILITY IS PSYCHIATRIC?
The ADA's definition is broad, and defines disability as a condition that limits a person's ability to function in major life activities. This includes chronic psychiatric disorders.
WHAT IS A PSYCHIATRIC SERVICE DOG?
A psychiatric service dog is one specifically trained to assist an individual with a documented psychiatric disability as defined in the DSM-V. While a dog may offer emotional support, or lower anxiety by being petted, this does not confer status as a service animal. The animal must be task trained.
WHAT IS THE LEGAL DIFFERENCE BETWEEN A SERVICE DOG AND AN EMOTIONAL SUPPORT ANIMAL?
A service animal is not a pet. "under the Americans with Disabilities Act (ADA) businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are allowed to go. The federal law applies to all businesses open to the public, including restaurants, hotels, taxis, stores, hospitals and medical offices, theaters, health clubs, parks, and zoos." - U.S. Department of Justice.
For clarification, contact the .S. Department of Justice's ADA Information Line at 800-514-0301 or 800-514-0383 (TTY)
WHAT IS MY LEGAL RIGHT TO HOUSING WITH A SERVICE ANIMAL?
The no pets' rule does not apply, as a service animal IS NOT A PET. You should notify your landlord or the coop board, prior to moving in. You may be required to show both proof of training and proof of a disability.
For further information click here.
WHAT IS A THERAPY DOG?
A therapy dog is a dog trained TO HELP OTHERS. A therapy dog is a dog with a sweet, loving temperament. It can be any sex or breed. Registration requires the dog be up to date on vaccinations, be checked annually by a veterinarian, and have a documented negative fecal and heartworm test.
A therapy dog IS A PET, and is not granted the same accommodations as a service dog.
Therapy dogs require a baseline of obedience training. Training can be by owner, professional trainer, or in a special class. The dog must be able to master basic tasks as outlined in this brochure.
The dog is tested by a certified evaluator, and if he passes qualifies to partake in animal assisted therapy. There is usually a fee for registration and testing, which varies by organization. Training fees are also the responsibility of the pet owner.
Certification is required before your dog can participate in most facilities.
The Delta Society (aka Pet Partners) is the largest National Group that certifies therapy dogs in the U.S. The ASPCA is the east coast affiliate of Pet Partners. The other larger organizations include Therapy Dogs International, and Good Dog International. Other smaller organizations are located at www.dogplay.com.