First we need to make sure we clarify what is a Service Animal.
While each type of dog is equally important within the different areas; they are not" Therapy dogs" or " Emotional Companion dogs". There are very important differences.
Yes, each is very important to their human companions. But there are some very striking differences including legal ramifications on what each group does.
What are service animals?
A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability. In most countries, Assistance Animals are broken down into three sub-categories: Guide Dogs, Hearing Dogs, and Service Animals (everything other than guide or hearing dogs). In the United States, the term Service Animal is used generically to mean any kind of assistance animal, including both guide and hearing dogs.
The Codes of Federal Regulation for the Americans with Disabilities Act defines "service animal" as "any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items."
It typically takes 18-24 months to fully train a service dog. While individuals are permitted to train their own service dog, that doesn't mean they are automatically capable. If you do not already have experience doing advanced training with working dogs, then you do not have sufficient experience to train a service dog on your own. You need to hire a pro, and that pro can direct you to dog supply resources.
On the fast track and fraud:
The two questions most often asked of the Service Dog Central community are:
1. Where do I get a service dog vest?
2. How do I get my dog certified as a service dog?
Apparently there are a large number of people who are actually wanting to find a way to pass their personal pet off as a service dog so they can take it on a plane, keep it in "no pets" housing, or avoid pet fees from hotels or landlords.
While I recognize there are many people that do not know how much training goes into training a REAL service dog. In checking out what a well trained dog would cost, one training service has on their website "... invests $45,000 in training each Hearing or Service Dog team – person and dog. Each dog serves its disabled partner for at least 10 years for – that’s 24 hours a day, 7 days a week! (Industry average is $45,000 – $60,000 per dog.)". This particular company has been around since 1988 and what caught my attention was the statement "....We adopt all of our dogs from animal shelters and rescue leagues. Utilizing positive reinforcement, we train the dogs, pair them with their new partners and then train them as teams – all free of charge to the recipients." Now this is my kind of organization!
So if your motivation is just claim a pet as a service animal Shame on YOU... And you should be forwarned.
There are criminal penalties for falsely claiming a pet as a service animal. These penalties can range from a small fine, to one over $1,000 or a few days in jail up to a year in jail, depending on how the offense is committed and where. In some cases, the dog is confiscated and the owner may have a lengthy court battle to get the dog back.
There is no legitimate service dog certification or registration in the United States.
Some programs will certify the dogs they train and test, and some do not. Those certificates are the only ones that actually mean anything, and they only mean anything if you have to go to court and prove your dog is trained. They are not required, they are merely useful documentation for the dog's training, which could be substantiated by other means. You don't need them for public access, or housing, or flying, or anything else.
Some businesses make a good income by claiming that life will be easier with "official" certifications, vests etc.
If intent is to fool the public into thinking the dog is official, when there is no official documentation for service dogs. It could be these businesses offer products are used by fakers, so when you see them, it is a screaming red flag that the dog is not a legitimate service dog. Certification does not mean an individual dog is a service dog.
The standard should be that the dog is tested to ensure that is is suitable physically and emotionally, then trained to assist the human. Then both the dog and the person should be trained as a team. This takes many hours of specialized training. Training is not cheep. especially if the dog is really going to be of any use to assist the human.
If you question whether ID or certification is legitimate, a quick internet search of the name of the organization will reveal whether it is an agency that actually trains service dogs, or one that merely certifies, registers, and sells products ,or identifies any dog sight-unseen for a fee.
How can you tell a REAL service dog if ID cards and certificates are actually meaningless? The US Department of Justice permits businesses to ask two questions: Is this a service dog required because of disability? What is it trained to do to mitigate the disability?
Remember that "animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals..." A service animal must be specifically trained to DO something."
Additionally, if the animal behaves inappropriately, by disrupting business, behaving aggressively, interfering with other patrons or clients (say by sniffing them or jumping up on them), or toileting inappropriately, then it doesn't matter whether it is a service dog because you can still exclude it from a business, on the basis of "fundamental alteration" or "direct threat."
The ADA regulation requires a current doctor's letter. It's not to prove you've paid your annual fee for a ID card, but as evidence your treating physician still feels you qualify as disabled and require either an ESA or PSD. Other than this specific case (a doctor's letter for an ESA or PSD), documentation is only required if the person's story is not credible.
How's this for honesty?
Business owners, take heed: this problem is becoming rampant as more and more people enter the market of selling certification, registration, and IDs (including laminated cards, collars, leashes, and vests) for service dogs to anyone, for a fee, and without any oversight. The lure of selling something that costs less than a buck to make (such as a certificate or ID card) for $40 and more, is just too tempting to pass by.
Therapy dogs are trained, registered, and insured by a therapy dog program. They visit institutions such as hospitals, schools, and nursing homes, only when invited, for the purposes of cheering up or educating people in those institutions.
A person with a therapy dog has no right to demand access to places where pets are not generally permitted, or to have pet fees, such as deposits, waived. They must have permission from the facilities they visit before they can enter.
While businesses are generally permitted only to ask whether the dog is a "service animal" required because of disability and what the animal has been trained to do, there are instances when more extensive proof can be required. If you file a complaint about discrimination, proof of disability and proof of training will be required. If you appear in court and you claim to be disabled and claim your dog is a service dog as part of the case you are involved in, then you will have to provide proof that your claims are true. A court will not simply take your word for it.
Proof may include:
Medical records from any medical providers treating you for your disability or for aspects of your disability.
SSDI determination. SD certification from a recognized/accredited program.
Training logs if owner-trained. Independent evaluation of your dog's training by a qualified trainer.
Certificates attesting to training and temperament, such a training class completion certificates, an obedience title or certificate, a CGC certificate, etc. Video demonstrations of the dog's training. In person demonstrations of the dog's training.
Generally guide, hearing and service dogs are permitted to accompany their disabled owner everywhere members of the public are allowed, but there are a few exceptions. For example, a member of the public would be permitted in the dining area of a restaurant, but not in the kitchen. Therefore, a guide dog would be permitted to accompany his disabled owner in the dining area of a restaurant, but not into the kitchen where food is prepared and special clothing and sanitation procedures are required.
It is also an important distinction to note that it is the handler who has access rights and not the dog. A guide dog without his blind handler has no particular access rights of his own and neither does a hearing dog or other service dog without his disabled handler.
"Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow "service animals" to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. For example, in a hospital it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment." -- U.S Department of Justice ( http://www.ada.gov/service_animals_2010.htm ).
For clarification, contact the U.S. Department of Justice's ADA Information Line at 800 - 514 - 0301 (voice) or 800 - 514 - 0383 (TTY) "When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform." (see 2010 guidance linked above). If these questions are not appropriately answered, the business may exclude the animal, but not the person.
Though "service animals of all kinds" can legally accompany their disabled handler almost anywhere the handler goes, they can be excluded from areas where their presence would constitute a fundamental alteration of goods and services available for all customers, an undue burden, or a direct threat to safety. Some exceptions to ADA access rights are due to other federal laws, treaties, or the Constitution. For example, the exclusion for churches comes from the First Amendment to the Constitution. Other exceptions are written into the implementing regulations for the ADA itself in sections 36.208 (direct threat), 36.302 (fundamental alteration), and 36.303 (undue burden). Examples where a service animal might be excluded include (but are not limited to):
-Sterile rooms, such as operating rooms, some areas of emergency rooms/departments, some ICU rooms, some ambulances, some delivery rooms (on a case-by-case basis based on actual risk assessment)
-Clean rooms where microchips are manufactured
-Places where food is prepared (though they cannot generally be excluded from dining areas where food is present) (by order of most health departments)
-Open air zoological exhibits, such as open air aviaries or butterfly gardens (at the zoo's discretion but based on actual risk assessment)
-Churches (at the church's discretion)
-Native American Tribal Council Chambers (at the council's discretion)
-Federal Courts (at the judge's discretion)
-Jail or prison cells (at the discretion of the facility director)
-Private clubs (at the club's discretion)
-Private homes (at the home owner's discretion)
-Some amusement park rides (at the park management's discretion but based on actual risk assessment)
If a business can show that allowing a service dog to enter a specific part of their business would constitute a direct threat, fundamental alteration, or undue burden, then they may legally exclude service dogs from entering there, but must still accommodate the person with a disability without their service dog.
For an example of a direct threat, consider a burn unit or ICU caring for a patient in very fragile condition where doctors tell us that the mere presence of a dog, even a clean, well-behaved dog, poses an unacceptable risk to the life and health of the patient because the risk of exposure to loose hair or zoonosis is in their medical opinion too high, then a service dog might be excluded from the burn unit or ICU. A general rule of thumb (which still has exceptions) is that if special clothing such as gown or gloves is required, then a service animal might also be excluded and certainly a service dog handler upon noting special precautions are required for a given area should inquire about whether a service dog can enter without endangering the patients within.
For an example of a fundamental alteration, consider a cat rescue society that attempts to find homes for abandoned/neglected/abused cats. They might reasonably exclude service dogs from their adoption area because the mere presence of a dog is known to cause distress to some of the cats up for adoption. They might instead offer a secure location for the service animal while the human partner visits with the cats or remove individual cats for inspection in another area, away from those that are afraid of dogs. The ultimate purpose of such a facility is to rescue cats from trauma and traumatizing a cat by exposing it to something it fears would fundamentally alter that purpose.
Other countries will have their own laws in place regarding the access rights of individuals accompanied by a service animal.
LINKS:
Revised Americans with Disabilities Act (ADA) Requirements: Service Animals
http://www.ada.gov/service_animals_2010.htm
On Facebook : Owner Trained Service Dog Facebook Group