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.
Housing issues are sometimes addressed by state laws, as well as federal agencies. An excellent resource is the booklet,
"Best Friends Forever", available from the Doris Day Animal League. It is available online HERE
(The Animal Legal & Historical Center at the Michigan State University College of Law is an easy to use place to find US state and
federal laws; also a page with links to those 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. Also the booklet,
"Best Friends Forever", mentioned above, has been recently revised to include information for non-disabled folks who live
in assisted living or federally supported housing. It is available from the Doris Day Animal League, and is available online (from their site) HERE
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 deal with
the situation.
Pets and People does not "register" or certify therapy dogs for visitation. The Delta Society does this through their Pet Partners®
program - contact them online at deltasociety.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. Also the website "Land of Pure Gold" maintains a
list of animal assisted therapy
programs, sorted by state. Finally, 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.
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