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What's The Difference Between a Service Dog, Therapy Dog and an Emotional Support Dog

5K views 28 replies 7 participants last post by  Nurse Bishop 
#1 ·
The link below goes to one of the best videos that I have seen on the topic. Just this point -- a SD does not have any type of rights over those normal rights given to canines in a specific location, such as proper care of a dog. When speaking of "Public Access Rights" (Civil Rights) you need to remember that the rights belong to the disabled person to take their SD into this location with them.
-- Example: A SD is not allowed into a no-pets-store by itself or with a friend or family member of the handler. The SD receives its legal standing by virtue of working for a person with a disability for whom the dog was individually trained.
Bottom line is the PA rights belong to the disabled handler and not to the dog.

I bring this point up as it is a major thing to remember when reading any law dealing with a SD. It is also a huge point in the law if someone ever finds that they are involved in a legal dispute.

 
#4 ·
I thought this video would talk about the people the dog helps rather than just laws. Could someone explain that? I understand like a blind person or a person in a wheelchair would have a service dog obviously, but what about the other 2

I've seen dogs that are trained to help people with specific conditions and helps calm them. One example was a girl who would start hitting herself and the dog would force itself between her body and arm. The other example was a soldier who has PTSD related anger and when he starts to get very angry, the dog will get up on his lap and lick his arms and face to calm him

What kind of service dog would those people have? (I use "service dog" as more of the general description of the dog regardless if they're actually a service dog or just emotional/ therapy dog)
 
#5 · (Edited)
In both scenarios you mention, those would most likely be service dogs... not all have an all encompassing descriptive name such as guide dog, mobility dog, seizure alert dog (although one could say they’d fall under medical alert dogs).

An emotional support dog is a dog with no task specific training and it’s mere presence helps their owner who may have depression, anxiety, etc, but not to a debilitating degree.

A therapy dog is one who’s presence provides comfort to others, not their handler.
 
#11 · (Edited)
US Federal Law

Service Dog -- Legal DOJ Definition signed into Federal Law

http://www.germanshepherds.com/foru...d-dept-justice-definition-service-animal.html

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SERVICE ANIMALS ADA REQUIREMENTS
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
JuLY 12, 2011

Quote:
The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated requirements, including the 2010 Standards for Accessible Design (2010 Standards).

Overview

This publication provides guidance on the term "service animal" and the service animal provisions in the (Department's) new regulations.
...

How "Service Animal" Is Defined
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a sizure, reminding a person with a mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task that a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

This definition does not affect or limit the broader definition of "assistance animal" under the Fair Housing Act or the broader definition of "service animal" under the Air Carrier Access Act.
-------------------------------------------------------------------------------------

The legal term "Service Dog" is the proper term to use when discussing points of law under the ADA. Terms such as "Mobility Dog", "Wheelchair Dog", "Medical Alert Dog", "Diabetic Alert Dog", "Psychiatric Service Dog" and others are not terms used in ADA discussions or within the DOJ regulations. These are terms that are used in peer discussions or where someone is just taking a short cut instead of saying "My Service Dog who does medical alert tasks." The point is to remember that the inclusive term is "Service Dog". All service dogs are equal under ADA federal law.
 
#12 · (Edited)
To take another path to explain what the video is explaining:

Quote:
The Department of Justice continues to receive many questions about how the Americans with Disabilities Act (ADA) applies to service animals. The ADA requires State and local government agencies, businesses, and non-profit organizations (covered entities) that provide goods or services to the public to make “reasonable modifications” in their policies, practices,or procedures when necessary to accommodate people with disabilities. The service animal rules fall under this general principle. Accordingly, entities that have a “no pets” policy generally must modify the policy to allow service animals into their facilities. This publication provides guidance on the ADA’s service animal provisions and should be read in conjunction with the publication ADA Revised Requirements: Service Animals.

Frequently Asked Questions about Service Animals and the ADA
U.S. Department of Justice
Civil Rights Division
Disability Rights Section

Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
A: No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local government agencies to find out about these laws.

Q4. If someone’s dog calms them when having an anxiety attack, does this qualify it as aservice animal?
A: It depends. The ADA makes a distinction between psychiatric service animals and emotional support animals. If the dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal. However, if the dog’s mere presence provides comfort, that would not be considered a service animal under the ADA.
 
#13 ·
So all these fake service dogs as well as emotional support dogs are not allowed in grocery stores and restaurants?
 
#15 ·
Walmart now has signs next to the shopping carts that say No Dogs Are To Ride In the Carts. I personally had complained to WM headquarters about the health concerns, that is, dogs sitting in grocery carts where people put food that goes into their refrigerators.

I wish people would not bring these imposter and fake animals into places where food is kept or served. But you are right, no one asks. They should have to have a tag such as disability tag like they have so they can park in disabled parking spaces. If people fake those parking tags it is serious trouble.
 
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#18 ·
Tbh if I go shopping I always treat it as if its not clean without considering where I put it in the cart. Who knows where it was before it came to the shop after all. If it was in storage I'm sure rats and the like aren't strangers to that either. So what does it matter if a dog sat there on top of that?
 
#19 · (Edited)
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#20 ·
Another definition of a service dog that may be of interest to some:

service dog. A dog obtained from an accredited service dog organization approved by the
Department of Veterans Affairs that is individually trained to do work or perform tasks for the
benefit of an individual with a physical or mental disability. The dog is trained to respond to a
verbal command or condition of the qualified Service member. Other species of animals,
whether wild or domestic, trained or untrained, are not service dogs for the purposes of this
definition. Dogs that are “in training” or whose sole function is to provide emotional support,
comfort, therapy, or companionship are not service dogs

Very important point -- "A dog obtained from an accredited service dog organization approved by the
Department of Veterans Affairs ... "

The above is from
Department of Defense
INSTRUCTIONS

NUMBER 1300.27
January 7, 2016

SUBJECT: Guidance on the Use of Service Dogs by Service Members

RELEASABILITY. Cleared for public release. This instruction is available on the Internet
from the DoD Issuances Website at Directives Division

Brad R. Carson
Acting Under Secretary of Defense for
Personnel and Readiness
 
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