A more recently developed legal category of assistance animals is the emotional support animal (ESA). These are animals that provide companionship and emotional support for people diagnosed with a psychological disorder. They are documented by a letter from a human health professional, which legally guarantees that they may live with their handler and accompany them on aircraft, exempt from the fees that would be charged for a companion animal.
Some people misrepresent their animals as assistance animals in order to bring them to places where pets are not allowed, to avoid fees, or out of a misunderstanding of the animal’s role. It is important for veterinarians to assist their clients in correctly identifying their animals, and to provide care and advice consistent with the animal’s role.
The AVMA recognizes and supports the federal definition of service animals under the Americans with Disabilities Act; the federal regulations for emotional support animals under the Fair Housing Act and Rehabilitation Act of 1973; and provides guidelines related to animal-assisted interventions. At its July 2017 meeting, the AVMA House of Delegates approved a new policy on the Veterinarian’s Role in Supporting Appropriate Selection and Use of Service, Assistance and Therapy Animals proposed by the Steering Committee on Human-Animal Interactions.
To learn more about assistance animals please refer to the newly released AVMA report: Assistance Animals: Rights of Access and the Problem of Fraud. While fraud can be a vexing issue, it is important for veterinarians to actively support the appropriate use of assistance animals and anti-fraud initiatives so that undue burden is not placed on people using these animals in their intended roles.
If you are an AVMA member and would like to provide information or suggestions to the Steering Committee on Human-Animal Interactions relating to assistance animals or animals used for therapeutic purposes, please email the committee at humananimalbond@avma.org.
The Legal Context For Assistance Animal Use – Definitions
| Classification | Definition | As Defined By |
|---|---|---|
| Assistance Animal | “Any 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 or effects of a person’s disability,” as defined by the ADA.4 “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. Further, there must be a relationship, or nexus, between the individual’s disability and the assistance the animal provides. If these requirements are met, a housing facility, program or service must permit the assistance animal as an accommodation, unless it can demonstrate that allowing the assistance animal would impose an undue financial or administrative burden or would fundamentally alter the nature of the housing program or services.” | U.S. Department of Housing and Urban Development (FHEO-2013-01) |
| Service Animal | “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. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the 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. | Americans with Disabilities Act 1990 (Section 35.136) |
| | 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… Psychiatric service animals are recognized as service animals, but are considered to be emotional support animals and, therefore, subject to the applicable regulatory requirements, i.e. documentation. | Air Carrier Access Act (ACAA) and CFR Part 382 |
| Emotional Support Animal | An emotional support animal (ESA) may be an animal of any species, the use of which is supported by a qualified physician, psychiatrist or other mental health professional based upon a disability-related need. An ESA does not have to be trained to perform any particular task. ESAs do not qualify as service animals under the Americans with Disabilities Act (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 ESAs traveling on airlines, though documentation may need to be provided. | Fair Housing Act (42 U.S.C. Part 3604) and Air Carrier Access Act (ACAA) and C.F.R. Part 382.117 |
| Therapy Animal | 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.” | Air Carrier Access Act (ACAA) and CFR Part 382; AVMA Animal-Assisted Interventions: Definitions |
Find additional information, including reference citations, in Assistance Animals: Rights of Access and the Problem of Fraud(PDF).
Leave a Reply