YorkieTalk.com Forums - Yorkshire Terrier Community - View Single Post

livingdustmops · 06-23-2006, 01:19 PM

Some of the issues we are talking about have to do with laws and each state has their own laws on what you can and can not do with Therapy Dogs and ESA Dogs. This article is very informative on describing the 3 different types of catagories. Hope this helps.

http://www.petsandpeople.org/difference.htm

Service Dog, Therapy Dog:
What's the Difference?
We believe that a large part of the problem with access comes from confusion of terminology.

Therapy Dogs
Briefly, therapy animals work with a health-care professional as part of a treatment plan. Dogs that do visitation are also commonly called "therapy dogs". Neither of these usually has access to public places.

This can be confusing, because sometimes people call dogs "service dogs", claiming that they are entitled to that label because they provide a "service" for people. You can call a dog whatever you like, but the fact is that no federal law (and very few state laws) allow access with that type of "service" dog.

Service Dogs
Dogs that assist people with disabilities are termed "Assistance Dogs" or "Service Dogs". Those dogs actually need to do something to help with the disability. In return, they are allowed anywhere you could take another medical device, such as a wheelchair. The dogs may or may not do actual physical work for their handlers; for example, some deaf people use very small dogs who can alert them to sounds.

A person who has a disability and uses a dog to help compensate for abilities lost as a result, is guaranteed the right to be accompanied by that dog in any place where the public is usually invited. This right is guaranteed by the Americans with Disabilities Act of 1990 (ADA), which is a (US) federal law. Some (US) states also have laws concerning access with a Service Dog. The state laws may include restrictions as far as equipment that must be used, certification, trainers, and so on. The rule is that where the federal law allows you more rights, it prevails.

Please be aware that the ADA does not mention service dogs in training. Many state laws do. In that case, the state law is the ONLY one that applies; however, once your dog is no longer "in Training", you are protected by the federal statute mentioned previously.
(a page with links to US state & federal laws, as well as links for Canada, Mexico, and Native American laws, can be found at http://www.lawsource.com/also/)

Emotional Support Animals
Dogs that provide companionship, relief from loneliness & depression, and similar support can be allowed in housing (even "No Pet" housing) without the requirement of a pet deposit. Those dogs are called "Emotional Support Animals", but they don't have access to public places, either.

More information on Emotional Support Animals is available from the Bazelon Center for Mental Health Law and the Disabilities Rights Center.
Pets and People supports owner-trained service dogs, even those used for mental health disabilities like depression. Under the ADA, proof of disability and/or certification of the dog as a Service Dog need not be shown. Many people who live with a disability who choose to use a Service Dog (PWDWSD) have no or very few problems with access. Pets and People makes the Department of Justice's "Questions About Service Dogs in Places of Business" available for download in brochure form, which can help with access issues.

Chances are that if you don't have an obvious disability and/or you are using a very small dog, someone will attempt to deny you access or ask for proof (either of your disability or of your dog's status). Best to be prepared for that situation, either by having the so-called "proof" (a doctor or therapist's prescription, a Service Dog card), or by being willing to assert your legal rights and deal with the immediate consequences (yes, you may be right, but you may still be asked to leave). As an organization, Pets and People does not advocate one approach or the other. As with so many other things relating to living with an owner-trained service dog, the "best" approach is up to the person who must confront the situation.

Pets and People does not "register" or certify therapy dogs for visitation. A group that does, and is quite well known, is Therapy Dogs International (http://www.tdi-dog.org/). If you are looking for information on volunteering with your pet to visit nursing homes, hospitals, and similar activities, please see the book WANTED: Animal Volunteers by Dr. Mary Burch. If you are a health care professional who wants to incorporate animals into your practice or treatment protocols, please contact our founder, Dr. Patricia Gonser, through our contact page.

P&P Site Contents

copyright © 1997-2005 by Pets and People: Companions in Therapy and Service ("Pets and People"),
which is not responsible for any actions taken by the companies and sites whose links appear on this page.
Any trademark, service mark or copyright belonging to any company or individual listed
on this page is hereby acknowledged and no abridgement of rights is itended.
Other graphic resources used are listed HERE
Privacy Policy

This page last updated Wednesday, March 15, 2006

06-23-2006, 01:19 PM	#44
livingdustmops Princess Poop A Lot Donating Member Join Date: Nov 2005 Location: Colorado Posts: 6,728	Some of the issues we are talking about have to do with laws and each state has their own laws on what you can and can not do with Therapy Dogs and ESA Dogs. This article is very informative on describing the 3 different types of catagories. Hope this helps. http://www.petsandpeople.org/difference.htm Service Dog, Therapy Dog: What's the Difference? We believe that a large part of the problem with access comes from confusion of terminology. Therapy Dogs Briefly, therapy animals work with a health-care professional as part of a treatment plan. Dogs that do visitation are also commonly called "therapy dogs". Neither of these usually has access to public places. This can be confusing, because sometimes people call dogs "service dogs", claiming that they are entitled to that label because they provide a "service" for people. You can call a dog whatever you like, but the fact is that no federal law (and very few state laws) allow access with that type of "service" dog. Service Dogs Dogs that assist people with disabilities are termed "Assistance Dogs" or "Service Dogs". Those dogs actually need to do something to help with the disability. In return, they are allowed anywhere you could take another medical device, such as a wheelchair. The dogs may or may not do actual physical work for their handlers; for example, some deaf people use very small dogs who can alert them to sounds. A person who has a disability and uses a dog to help compensate for abilities lost as a result, is guaranteed the right to be accompanied by that dog in any place where the public is usually invited. This right is guaranteed by the Americans with Disabilities Act of 1990 (ADA), which is a (US) federal law. Some (US) states also have laws concerning access with a Service Dog. The state laws may include restrictions as far as equipment that must be used, certification, trainers, and so on. The rule is that where the federal law allows you more rights, it prevails. Please be aware that the ADA does not mention service dogs in training. Many state laws do. In that case, the state law is the ONLY one that applies; however, once your dog is no longer "in Training", you are protected by the federal statute mentioned previously. (a page with links to US state & federal laws, as well as links for Canada, Mexico, and Native American laws, can be found at http://www.lawsource.com/also/) Emotional Support Animals Dogs that provide companionship, relief from loneliness & depression, and similar support can be allowed in housing (even "No Pet" housing) without the requirement of a pet deposit. Those dogs are called "Emotional Support Animals", but they don't have access to public places, either. More information on Emotional Support Animals is available from the Bazelon Center for Mental Health Law and the Disabilities Rights Center. Pets and People supports owner-trained service dogs, even those used for mental health disabilities like depression. Under the ADA, proof of disability and/or certification of the dog as a Service Dog need not be shown. Many people who live with a disability who choose to use a Service Dog (PWDWSD) have no or very few problems with access. Pets and People makes the Department of Justice's "Questions About Service Dogs in Places of Business" available for download in brochure form, which can help with access issues. Chances are that if you don't have an obvious disability and/or you are using a very small dog, someone will attempt to deny you access or ask for proof (either of your disability or of your dog's status). Best to be prepared for that situation, either by having the so-called "proof" (a doctor or therapist's prescription, a Service Dog card), or by being willing to assert your legal rights and deal with the immediate consequences (yes, you may be right, but you may still be asked to leave). As an organization, Pets and People does not advocate one approach or the other. As with so many other things relating to living with an owner-trained service dog, the "best" approach is up to the person who must confront the situation. Pets and People does not "register" or certify therapy dogs for visitation. A group that does, and is quite well known, is Therapy Dogs International (http://www.tdi-dog.org/). If you are looking for information on volunteering with your pet to visit nursing homes, hospitals, and similar activities, please see the book WANTED: Animal Volunteers by Dr. Mary Burch. If you are a health care professional who wants to incorporate animals into your practice or treatment protocols, please contact our founder, Dr. Patricia Gonser, through our contact page. P&P Site Contents copyright © 1997-2005 by Pets and People: Companions in Therapy and Service ("Pets and People"), which is not responsible for any actions taken by the companies and sites whose links appear on this page. Any trademark, service mark or copyright belonging to any company or individual listed on this page is hereby acknowledged and no abridgement of rights is itended. Other graphic resources used are listed HERE Privacy Policy This page last updated Wednesday, March 15, 2006 __________________ Cindy & The Rescued Gang Puppies Are Not Products!