Posted on October 1, 2017
Real Versus Fake Assistance, Service, Therapy, and Emotional Support Animals
Are the Labrador Retriever guiding a blind person and the miniature pony providing emotional support considered to be the “same animal” in terms of the assistance they are providing, their legal description, and where they are allowed access? Is it possible to know which ones are legitimate and which ones are fraudulently being represented as assistance animals in order to achieve public access or avoid pet-related fees?
Given the increasing numbers of animals used for support, service, therapy, and assistance in public places, answering these questions has become rather complicated. And, even the following legal definitions pertaining to these animal helpers leave a great deal open to interpretation.
Assistance Animal (as defined by the Department of Housing and Urban Development)
An animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms of effects of a person’s disability. Individuals with a disability may be entitled to keep an assistance animal as a reasonable accommodation in housing facilities that otherwise impose restrictions or prohibitions on animals. In order to qualify for such an accommodation, the assistance animal must be necessary to afford the individual an equal opportunity to use and enjoy a dwelling or to participate in the housing service or program.
Service Animal: as defined by the Americans with Disabilities Act (ADA)
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 purposes of this definition. Miniature horses have been added as a specific provision to the ADA. The miniature horse must be housebroken, under the handler’s control, can be accommodated for by the facility, and will not compromise safety regulations.
Service Animal: as defined by the Air Carrier Access Act
Any animal that is individually trained or able to provide assistance to a qualified person with a disability; or any animal shown by documentation to be necessary for the emotional well-being of a passenger.
Emotional Support Animal, aka ESA: as defined by the Fair Housing Act and Air Carrier Access Act
An emotional support animal may be an animal of any species, the use of which is supported by a qualified physician, psychiatrist, or other mental health professional on the basis of a disability-related need. An ESA does not have to be trained to perform any particular task. Emotional support animals do no qualify as service animals under the ADA, but they may be permitted as reasonable accommodations for persons with disabilities under the Fair Housing Act. The Air Carrier Access Act provides specific allowances for emotional support animals traveling on airlines, though documentation may need to be provided. Emotional support animals are not recognized as service animals.
Therapy Animal: as defined by Air Carrier Access Act the AVMA policy, “Animal Assisted Interventions: Definitions”
A therapy animal is a type of animal-assisted intervention in which there is a goal directed intervention in which an animal meeting specific criteria is an integral part of the treatment process. Animal-assisted therapy is provided in a variety of settings, and may be group or individual in nature.
American Veterinary Medical Association Perspective
Earlier this year, the American Veterinary Medical Association (AVMA) released a report titled, “Assistance Animals: Rights of Access and the Problem of Fraud.” Its intended purpose is to guide veterinarians in providing support for their clients with legitimate service or emotional support animals while discouraging other clients from fraudulently representing their pets as service animals.
The document states that fake service dogs are an ever-increasing problem, in large part thanks to the multiple online sources for paperwork and supplies that provide service animal “proof”. As a result, disabled people using legally compliant assistance animals are reporting that they’re now subject to more reluctance and suspicion when entering public places.
According to the AVMA report, “Part of the problem is that the lack of centralized or standardized form of proof that can be used to ascertain an assistance animal’s status makes fraudulent animals difficult to identify. The ADA does not require any standardized training or certification program for service animals, nor does it require the handler to provide any form of documentation stating the necessity for a service animal. Such documentation is considered a barrier or unreasonable burden that could limit access to a service animal. Conversely, people who use ESAs may need to provide documentation stating the need for an ESA, but that documentation can easily be counterfeited.”
What are potential solutions for supporting valid use of assistance animals while deterring the frauds? Some suggestions include cracking down on the availability of materials that provide fraudulent proof of assistance animal status, increasing access for companion animals in housing and public spaces, and reconciling conflicts in federal and state laws.
What assistance animal observations have you made as of late? What solutions do you recommend to weed out the fakers?
Nancy Kay, DVM
Diplomate, American College of Veterinary Internal Medicine
Author of Speaking for Spot: Be the Advocate Your Dog Needs to Live a Happy, Healthy, Longer Life
Author of Your Dog’s Best Health: A Dozen Reasonable Things to Expect From Your Vet
Recipient, Leo K. Bustad Companion Animal Veterinarian of the Year Award
Recipient, American Animal Hospital Association Animal Welfare and Humane Ethics Award
Recipient, Dog Writers Association of America Award for Best Blog
Recipient, Eukanuba Canine Health Award
Recipient, AKC Club Publication Excellence Award
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Please visit http://www.speakingforspot.com to read excerpts from Speaking for Spot and Your Dog’s Best Health. There you will also find “Advocacy Aids”- helpful health forms you can download and use for your own dog, and a collection of published articles on advocating for your pet’s health. Speaking for Spot and Your Dog’s Best Health are available at http://www.speakingforspot.com, Amazon.com, local bookstores, and your favorite online book seller.