THERAPY, SERVICE & EMOTIONAL SUPPORT DOGS
Frequently Asked Questions;
Q. What is a Service Dog?
A. Service dogs are specifically trained to help their disabled handler. These dogs are trained (professionally or self-trained) to perform a task for their handler such as, picking up items, guiding the blind, alerting them to medical issues etc. Service dogs have public access rights under the ADA law to enter public property with their disabled handler. See specific requirements below.
Q. What is a Therapy Dog?
A. Therapy dogs do not have ADA public access rights. A Therapy Dog is one that meets the needs of others (such as visiting sick or elderly persons in nursing homes, hospitals, reading groups, etc.).
Q. What is an Emotional Support Dog / Emotional Support Animal (E.S.A)?
A. Emotional Support Dogs are dogs that provide comfort and support in forms of affection and companionship for an individual suffering from various mental and emotional conditions. An emotional support dog is not required to perform any specific tasks for a disability like service dogs are. They are meant solely for emotional stability and unconditional love. Under the Fair Housing Amendments Act (FHAA) and the Air Carrier Access Act (ACAA), an individual who meets the proper criteria is entitled to an emotional support dog to assist them with their life. The FHAA protects individuals by allowing their emotional support dog to live with them (even when there are no pet policies in place). The ACAA protects individuals by allowing the emotional support dog to fly with them in the cabin of an airplane (without having to pay any additional fees). Any dog can be an emotional support dog, and emotional support dogs do not have to be professionally-trained. Owners will typically be asked to produce an ESA letter from a Licensed Mental Health Professional, stating diagnosis and recommending the use of an Emotional Support Animal. ESA letters are only valid for 12 months, airlines and landlords will require a letter that is less than 12 month old. See specific requirements below.
Q. What is a Service Dog?
A. Service dogs are specifically trained to help their disabled handler. These dogs are trained (professionally or self-trained) to perform a task for their handler such as, picking up items, guiding the blind, alerting them to medical issues etc. Service dogs have public access rights under the ADA law to enter public property with their disabled handler. See specific requirements below.
Q. What is a Therapy Dog?
A. Therapy dogs do not have ADA public access rights. A Therapy Dog is one that meets the needs of others (such as visiting sick or elderly persons in nursing homes, hospitals, reading groups, etc.).
Q. What is an Emotional Support Dog / Emotional Support Animal (E.S.A)?
A. Emotional Support Dogs are dogs that provide comfort and support in forms of affection and companionship for an individual suffering from various mental and emotional conditions. An emotional support dog is not required to perform any specific tasks for a disability like service dogs are. They are meant solely for emotional stability and unconditional love. Under the Fair Housing Amendments Act (FHAA) and the Air Carrier Access Act (ACAA), an individual who meets the proper criteria is entitled to an emotional support dog to assist them with their life. The FHAA protects individuals by allowing their emotional support dog to live with them (even when there are no pet policies in place). The ACAA protects individuals by allowing the emotional support dog to fly with them in the cabin of an airplane (without having to pay any additional fees). Any dog can be an emotional support dog, and emotional support dogs do not have to be professionally-trained. Owners will typically be asked to produce an ESA letter from a Licensed Mental Health Professional, stating diagnosis and recommending the use of an Emotional Support Animal. ESA letters are only valid for 12 months, airlines and landlords will require a letter that is less than 12 month old. See specific requirements below.
SERVICE ANIMALS;
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Overview;
How “Service Animal” Is Defined;
Where Service Animals Are Allowed;
Service Animals Must Be Under Control;
Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals;
Miniature Horses;
To receive e-mail notifications when new ADA information is available, visit the ADA Website’s home page www.ADA.gov and click the link near the top of the middle column. ADA Information Line 800-514-0301 (Voice) and 800-514-0383 (TTY) 24 hours a day to order publications by mail. M-W, F 9:30 a.m. – 5:30 p.m., Th 12:30 p.m. – 5:30 p.m. (Eastern Time) to speak with an ADA Specialist. All calls are confidential. For persons with disabilities, this publication is available in alternate formats. Duplication of this document is encouraged. July 2011
Civil Rights Division
Disability Rights Section
The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Overview;
- This publication provides guidance on the term “service animal” and the service animal provisions in the Department’s new regulations.
- Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.
- A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.
- Generally, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.
How “Service Animal” Is Defined;
- Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
- This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.
- Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the State attorney general’s office.
Where Service Animals Are Allowed;
- Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. For example, in a hospital it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment.
Service Animals Must Be Under Control;
- Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.
Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals;
- When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
- Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
- A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.
- Establishments that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
- People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.
- If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal.
- Staff are not required to provide care or food for a service animal.
Miniature Horses;
- In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.
To receive e-mail notifications when new ADA information is available, visit the ADA Website’s home page www.ADA.gov and click the link near the top of the middle column. ADA Information Line 800-514-0301 (Voice) and 800-514-0383 (TTY) 24 hours a day to order publications by mail. M-W, F 9:30 a.m. – 5:30 p.m., Th 12:30 p.m. – 5:30 p.m. (Eastern Time) to speak with an ADA Specialist. All calls are confidential. For persons with disabilities, this publication is available in alternate formats. Duplication of this document is encouraged. July 2011
EMOTIONAL SUPPORT ANIMAL (ESA);
Q. What Is An Emotional Support Animal (ESA)?
A. An emotional support animal (ESA) is a person's pet that has been prescribed by a person's licensed therapist, psychologist, or psychiatrist (any licensed mental health professional). The animal is part of the treatment program for this person and is designed to bring comfort and minimize the negative symptoms of the person's emotional/psychological disability.
Q. What Animals Qualify To Be An ESA?
A. All domesticated animals may qualify as an ESA (cats, dog, mice, rabbits, birds, snakes, hedgehogs, rats, mini pigs, ferrets, etc.) and they can be any age (young puppies and kittens, too!). These animals do not need any specific task-training because their very presence mitigates the symptoms associated with a person's psychological/emotional disability, unlike a working service dog. The only requirement is that the animal is manageable in public and does not create a nuisance in or around the home setting.
Q. How To Qualify?
A. For a person to legally qualify for an emotional support animal (ESA), he/she must be considered emotionally disabled by a licensed mental health professional (therapist, psychologist, psychiatrist, etc.), as evidenced by a properly formatted prescription letter. Typically, a medical doctor does not qualify because they are not a licensed mental health professional. Some airlines and property managers will accept a verification form completed by a family doctor, however.
The letter should state that;
Q. Do You Have A Therapist?
A. If you have no therapist or your therapist is unwilling to write such a letter, we recommend using Chilhowee Psychological Services; a licensed mental health services agency that specializes in online/telephone disability assessments and offers letters of prescription to clients who qualify. This agency is approved by the U.S. Justice Department, U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation (the agencies that govern the laws protecting emotionally disabled handlers and their ESAs): www.cptas.com
Q. What Are Your Legal Protections and Rights?
A. The Air Carrier Access Act 49 U.S.C. 41705, Dept. of Transportation 14 C.F.R. Part 382, Fair Housing Amendments Act of 1988 are the laws that protect an emotionally disabled person and his/her ESA.
The legal protections an Emotional Support Animal (ESA) has to;
A. An emotional support animal (ESA) is a person's pet that has been prescribed by a person's licensed therapist, psychologist, or psychiatrist (any licensed mental health professional). The animal is part of the treatment program for this person and is designed to bring comfort and minimize the negative symptoms of the person's emotional/psychological disability.
Q. What Animals Qualify To Be An ESA?
A. All domesticated animals may qualify as an ESA (cats, dog, mice, rabbits, birds, snakes, hedgehogs, rats, mini pigs, ferrets, etc.) and they can be any age (young puppies and kittens, too!). These animals do not need any specific task-training because their very presence mitigates the symptoms associated with a person's psychological/emotional disability, unlike a working service dog. The only requirement is that the animal is manageable in public and does not create a nuisance in or around the home setting.
Q. How To Qualify?
A. For a person to legally qualify for an emotional support animal (ESA), he/she must be considered emotionally disabled by a licensed mental health professional (therapist, psychologist, psychiatrist, etc.), as evidenced by a properly formatted prescription letter. Typically, a medical doctor does not qualify because they are not a licensed mental health professional. Some airlines and property managers will accept a verification form completed by a family doctor, however.
The letter should state that;
- You are currently his/her patient
- Are under his/her care for the treatment of mental disability found in the DSM IV or V (the Diagnostic and Statistical Manual of Mental Disorders, version 4 or 5).
- Your disability substantially limits at least one major life activity
- He/she prescribes for you an emotional support animal as a necessary treatment for your mental health.
Q. Do You Have A Therapist?
A. If you have no therapist or your therapist is unwilling to write such a letter, we recommend using Chilhowee Psychological Services; a licensed mental health services agency that specializes in online/telephone disability assessments and offers letters of prescription to clients who qualify. This agency is approved by the U.S. Justice Department, U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation (the agencies that govern the laws protecting emotionally disabled handlers and their ESAs): www.cptas.com
Q. What Are Your Legal Protections and Rights?
A. The Air Carrier Access Act 49 U.S.C. 41705, Dept. of Transportation 14 C.F.R. Part 382, Fair Housing Amendments Act of 1988 are the laws that protect an emotionally disabled person and his/her ESA.
The legal protections an Emotional Support Animal (ESA) has to;
- Fly with its emotionally or psychologically disabled handler in the cabin of an aircraft without being charged a pet fee. CLICK HERE for detailed information on Flying with Your Emotional Support Animal.
- Qualify for no-pet housing (that also includes limited size, breed, or species housing) without being charged a pet fee. CLICK HERE for detailed information on Housing Rights For You And Your ESA.