Service Dog
Disability: According to the Americans with Disabilities Amendment Act (ADA), a disability is defined as a mental or physical impairment that substantially limits one or more major life activities of an individual, and has been recorded, regarded as so, or diagnosed (42 U.S. Code § 12102). According to the 2010 U.S. Census Bureau, nearly 1 in 5 people have a disability, with 1 in 10 having a severe disability. A chronic illness can be considered a disability if it’s a long-term or life-long condition that can be controlled but not cured. According to the U.S. Department of Commerce, over 100 million people in the U.S. have a chronic illness, with 94% of conditions being illnesses that are invisible.
Service Dog / Assistance Dog: A service dog, also referred to as an assistance dog, is trained with skilled tasks and used as a medical necessity for an individual with a diagnosed disability. Service dogs help their handler’s to improve limitations, enhance health, and increase their independence to live a more fulfilled life. Medical necessity: can be based on physical, psychological, social or emotional requirements directly related to a diagnosed disability.
A service dog is defined by federal law as, “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." Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual´s disability” (US Department of Justice, 28 CFR § 36.104).
Under the 1990 Americans with Disabilities Amendment Act, service dogs have access to accompany their handler anywhere that the general public is permitted, including businesses that prepare or serve food. Laws prohibit businesses and residential settings from denying access to individuals who need service dogs.
However, businesses have the right to ask:
Is this a service dog?
What tasks does the dog perform?
Businesses may not ask what the individual’s disability is, require identification or certification for the dog, charge additional fees because of the dog, refuse entry or segregate the person. A service dog may be required to leave a premises if they are out of control and the handler does not take direct action or if they are a direct threat to others. Violators of these rights can be required to pay damages and penalties. Additional laws pertaining to service dog requirements that should be taken into consideration include individual state laws, The Rehabilitation Act of 1973 (Sections 503 and 504), The Fair Housing Act, The U.S. Department of Justice and the Department of Housing and Urban Development (42 U.S.C. § 3601-3619), and The Air Carrier Access Act.
Service dogs are held to high standards, and not every dog is fit for duty. We help evaluate dogs overall behaviors, temperaments, obedience levels and performance abilities, as well as the handlers responsibilities, expectations, and requirements for qualification standards.
Dogs must obey all obedience and skilled task verbal and hand commands from the handler 90% of the time.
Be fully potty trained, and only relieve themselves in appropriate locations on command only, when in public.
Dogs must be well behaved and under control at all times in public and at home, working calmly with no aggressive behaviors.
Dog must past the AKC CGC Test, demonstrate that they can be well behaved in public and not disrupt business or block aisles, solicit food or other items from the public (no begging for food/petting, space-invading passers by, no sniffing/mouthing merchandise unless handler is purchasing it)
Dogs must be cleaned/ well-groomed and working in an approved vest while in public.
Handler/Dog Team
Handler must be able to appropriately respond to access questions in public and understand laws that protect service dog handlers’ rights while demonstrating appropriate interaction/ participation, self-control, self-confidence, and a sense of responsibility/ attention
Handler must be mature (no age restriction) and able to provide for their dog’s emotional, physical, and financial needs (handler’s under the age of 18 years must have responsible guardian/custodian support)
NOTE: Federal Law states that purchasing service animal ID items for any animal that has not been trained by a professional service animal trainer or passing your pet off as a service animal is criminal. We are committed to upholding service dog standards and etiquette.
Emotional Support Dog or ESA
ESA: Emotional support or companion animals are animals that are NOT trained to perform tasks related to the handler’s disability, but provide mental and emotional companionship benefits. In order to qualify for an ESA, the handler should have a written prescription from a mental health professional that the handler has been seeing for a minimum of six months; prescriptions should be updated annually.
Please note that ESAs have the same legal definition as pets in public areas and DO NOT have legal rights to accompany their handlers in public areas where “no pet” policies are enforced. However, ESAs have companionship rights under the Fair Housing Act and the Air Carrier Access Act.
Therapy Dog
Therapy Animal: A therapy animal is an animal that is trained, tested, certified and registered with its handler. Therapy animals and their handlers provide comfort to people in need in various settings, such as hospitals, retirement and assisted living homes, hospice care, and disaster areas. Therapy dogs DO NOT have legal rights to accompany their handlers in public areas where “no pet” policies are enforced.
Therapy dogs have been proven to increase healing and wellbeing, facilities may invite, limit or prohibit therapy dog access. Usually, handlers contact a desired volunteer location to get visitation permission and complete any requirements from the establishment, before any visitations occur.
Animal Assisted Therapy
Animal Assisted Therapy: Animal Assisted Therapy (AAT) is a process where working dogs are formally trained, tested, and certified with their handler to work with other people with different mental, emotional, or educational needs and/or physical disabilities.
The handler is usually a licensed care or educational provider, such as a counselor, social worker, teacher, speech and language therapist, nurse, doctor, physical therapist, mental health professional, or licensed psychotherapist. The animal is used during sessions as a form of treatment to improve a patient’s mental, emotional, social, cognitive abilities, and/or as an educational or motivational tool for physical and/or psychological benefits. Session goals might include: improving self-esteem/self-worth, confidence, motivation, attention, bonding abilities or learning about appropriate touches, problem solving, and/or task organization.
Household Pets
Pet: Owning a pet can provide positive health and emotional benefits, as pets can offer great companionship. Emotional support or companion animals are animals that are not trained to perform tasks related to the handler’s disability; therefore, they have the same legal definition as pets. Pets do not have legal rights to accompany their handlers in public areas where “no pet” policies are enforced.
Nose Work: As a fun canine sport, NoseWork is similar to professional detection dog tasks. Dogs are trained to find and alert on a specific odor, while ignoring other distractions. With NoseWork, dogs are rewarded with food or toys when they alert on their target odor. NoseWork can be done with any type of dog, at any age. The National Association of Canine Scent Work offers membership options, workshops, and competitions for titles.