The world of service dogs, therapy dogs and emotional support animals can be a very confusing place. That confusion can end up making life very difficult for someone who utilizes a service dog in their everyday life. In an effort to clarify and resolve some of these misunderstandings, I'm going to quickly breakdown the laws regarding these types of working dogs.
First things first: Service Dogs
According to the ADA (Americans with Disabilities Act) a service dog is defined as "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's disability."
In order for a person to legally use a service dog, that person must first have a disability. An individual with a disability is defined by the ADA as a "person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment." If you don't fit ADA's criteria, then you don't qualify for a service dog.
The handler of the service dog is granted public access rights for their dog. This means that their service dog is allowed to go anywhere the general public can go. There are a few obvious exceptions to this rule. For example, a service dog may be denied entry to the burn unit of a hospital or the operating room so that the dog does not compromise sanitary or sterile conditions.
A common misconception is that a service dog must wear a vest, harness or special patch when it is out among the public. This is actually not true. According to the ADA, a service dog is not required to be marked as such, even in public. So, if you randomly see a dog in a store that is not pet-friendly, there's a chance it's a service dog, and it's best to just leave it alone.
Therapy Dogs
Therapy dogs are working dogs, but under the ADA, they are not considered service animals.
Frequently called comfort dogs, therapy dogs "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."
Therapy dogs are typically used in hospitals, nursing homes and other clinical settings.
Therapy dogs are usually registered through organizations like Therapy Dogs International or Pet Partners. These awesome organizations help those interested in handling a therapy dog prepare themselves and their dogs for working in clinical settings.
Therapy dogs do not have public access rights like service dogs do. Before a therapy dog team begins working in a clinical setting, they acquire special permission from the establishment to do so.
In the wake of the Orlando tragedy, you may recall seeing articles about "comfort dogs" being brought in to console people. These dogs were therapy dogs.
Emotional Support Animals
Emotional support animals (ESA) are animals that bring comfort and support to their owner. An emotional support animal is typically a dog or a cat, but other species may be acceptable as well. ESAs are considered pets.
"If a doctor determines that a patient with a disabling mental illness would benefit from the companionship of an emotional support animal, the doctor write letters supporting a request by the patient to keep the ESA in "no pets" housing or to travel with the ESA in the cabin of an aircraft."
Emotional support animals are not granted public access, besides the two exceptions listed in the previous paragraph.
Important Information
Unfortunately, these days it is all too easy to purchase a "service dog certification/registration" online. Some people purchase these items because they truly don't know any better. Some people do know better, but purchase these things anyway so that they can take their dog with them everywhere they go. So, please hear me: There is no official service dog registry or certification.
The websites that offer registration/certification papers, vests and patches for your dog are SCAMS. Their websites are professionally designed and they certainly look legitimate –– but they aren't. The items they sell are worthless because "these documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal."
Interested in service dogs, therapy animals or emotional support animals?
If you think a service dog could mitigate your disability and you're interested in utilizing one, scroll back up and follow the links highlighted in the service dog section.
If you're interested in becoming a therapy animal team and volunteering with your pet, check out organizations like Pet Partners.
Think you would benefit from an ESA? Follow the link in the emotional support animal section.
I hope that this article has helped give you a better understanding of the laws regarding service dogs, therapy dogs and emotional support animals. The working dog world can be a confusing one, but I think I speak for service dog handlers everywhere when I say: thank you for learning about our world and educating those around you. When you do so, you improve our lives tremendously.
So, once again, thank you.
