Dear Melissa,My son will be getting a Poodle puppy in a few weeks. How do I go about getting it certified as a service dog? I would like my son to be able to take it to Wal-Mart with him so that he is calmer while I am shopping.
I have been asked this question many times. Just as I was finishing this blog, a co-worker asked the same question for one of her clients. Service animals, comfort companion animals, emotional support dogs… They seem to be extremely popular right now, and there seems to be a wide range of animal training as well as the services that they provide. Let's start with a few definitions.
What is a “service animal”?
According to the Americans with Disabilities Act National Network, "A service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability." Tasks performed can include, among other things, pulling a wheelchair, retrieving dropped items, alerting a person to a sound, reminding a person to take medication, or pressing an elevator button.
According to the Americans with Disabilities Act National Network, "A service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability." Tasks performed can include, among other things, pulling a wheelchair, retrieving dropped items, alerting a person to a sound, reminding a person to take medication, or pressing an elevator button.
What is the difference between a “service animal” and an “emotional support animal” or “comfort companions”?
While emotional support animals or comfort animals are often used as part of a medical treatment plan as therapy animals, they are not considered service animals under the ADA. These support animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety and certain phobias, but do not have special training to perform tasks that assist people with disabilities. Even though some states have laws defining therapy animals, these animals are not limited to working with people with disabilities and therefore are not covered by federal laws protecting the use of service animals. These therapy animals provide people with therapeutic contact, usually in a clinical setting, to improve their physical, social, emotional and/or cognitive functioning.
While emotional support animals or comfort animals are often used as part of a medical treatment plan as therapy animals, they are not considered service animals under the ADA. These support animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety and certain phobias, but do not have special training to perform tasks that assist people with disabilities. Even though some states have laws defining therapy animals, these animals are not limited to working with people with disabilities and therefore are not covered by federal laws protecting the use of service animals. These therapy animals provide people with therapeutic contact, usually in a clinical setting, to improve their physical, social, emotional and/or cognitive functioning.
Summary of ADA coverage:
Service animal: Performs specific action/task. Protected under the ADA.
Comfort/emotional support companion: Provides comfort and support but NOT a specific action, and NOT covered by ADA.
Service animal: Performs specific action/task. Protected under the ADA.
Comfort/emotional support companion: Provides comfort and support but NOT a specific action, and NOT covered by ADA.
What if someone’s dog calms them when they are having an anxiety attack? Is this a “service animal” or a “comfort companion"?
According to the ADA, this depends on the specific animal’s training. If this dog has been trained to sense that an anxiety attack is about to happen, and the animal has taken a specific action to help avoid the attack or lesson its severity, then this would qualify as a service animal. However, if the dog’s mere presence provides comfort, then this does not qualify as a service animal under the federal ADA law.
According to the ADA, this depends on the specific animal’s training. If this dog has been trained to sense that an anxiety attack is about to happen, and the animal has taken a specific action to help avoid the attack or lesson its severity, then this would qualify as a service animal. However, if the dog’s mere presence provides comfort, then this does not qualify as a service animal under the federal ADA law.
In public, how do I know if a dog is a “service animal” or simply a “comfort companion”?
In cases where it is not obvious that the dog is a service animal, staff in businesses or schools are legally allowed to ask only two specific questions:
In cases where it is not obvious that the dog is a service animal, staff in businesses or schools are legally allowed to ask only two specific questions:
- Is this dog able to provide a service that is required due to a disability?
- What work or task has this dog been trained to perform?
Staff are NOT allowed to request any documentation for the dog, request that the dog demonstrate the task, or inquire about the nature of the person’s disability. Furthermore, the ADA does NOT require that service animals wear a vest, ID tag, or specific harness. However, many service animals do, in fact, wear some form of vest or harness as a sign to the animal that it is time to work vs. time to play.
What special training or certification is required to qualify a dog as a “service animal”?
Some individuals choose to use a specific dog training agency/school to help train their animal to perform specific tasks. However, people with disabilities have the right to train the dog themselves. In addition, no special certification or screening process is required of the dog or the owner. Many individuals or organizations sell service animal certifications or registration documents online. (Trust me, there are a TON of these websites out there). However, these documents do not convey any rights under the ADA. Again, it is the dog’s ability to provide a specific service or action that protects its presence in a public space under the ADA law. Service animals are also subject to all local dog licensing and registration requirements that apply to general dogs as pets. In addition to federal laws under the Americans with Disabilities Act, each state also has its own laws and laws can change if you are traveling from state to state.
Some individuals choose to use a specific dog training agency/school to help train their animal to perform specific tasks. However, people with disabilities have the right to train the dog themselves. In addition, no special certification or screening process is required of the dog or the owner. Many individuals or organizations sell service animal certifications or registration documents online. (Trust me, there are a TON of these websites out there). However, these documents do not convey any rights under the ADA. Again, it is the dog’s ability to provide a specific service or action that protects its presence in a public space under the ADA law. Service animals are also subject to all local dog licensing and registration requirements that apply to general dogs as pets. In addition to federal laws under the Americans with Disabilities Act, each state also has its own laws and laws can change if you are traveling from state to state.
Are there any businesses/institutions that are exempt from the ADA laws regarding service animals?
YES, there are actually many exempt organizations that CAN ask you to keep your service animal outside. These include:
YES, there are actually many exempt organizations that CAN ask you to keep your service animal outside. These include:
- Swimming pools
- Churches/places of worship
- Commercial airlines – services animal rules on airlines are NOT regulated by the ADA, but rather by the Air Carrier Access Act which is part of the U.S. Department of Transportation, Aviation, and Consumer Protection Division
Still interested in service dogs? We actually have TWO highly trained service dogs here at Children’s Therapy Team! Stay tuned for next week’s blog where we will discuss how one of these dogs was trained and it’s benefit to children with disabilities.
Resources accessed in July 2016.
Service Animals and Emotional Support Animals, ADA National Network
Frequently Asked Questions about Service Animals and the ADA, U.S. Department of Justice, Civil Rights Division, Disability Rights Section
Animal Assistance and Therapy, Children's Therapy TEAM Resource Library
Service Animals and Emotional Support Animals, ADA National Network
Frequently Asked Questions about Service Animals and the ADA, U.S. Department of Justice, Civil Rights Division, Disability Rights Section
Animal Assistance and Therapy, Children's Therapy TEAM Resource Library
