Originally published in the November/December 2017 issue of the OVMA Observer.
In the last few years, the subject of service and support animals has garnered more attention, particularly in the context of what constitutes a legally enforceable basis for the designation. In addition, there are instances of clients asking veterinarians to write a letter supporting a designation for an animal and/or client.
Animals can obviously play a very important role assisting people with physical disabilities, as well as those diagnosed with a psychological disorder. However, online sources for obtaining “certificates” and/or designations that are not established in law have led to circumstances in which owners have overrepresented their animal and/or their personal situation. Adding to some of the confusion is the use of terminology in state law that is not always consistent with federal statute.
So what does this all mean for veterinarians, and what is your role? It’s helpful to first look at the federal definitions of the classifications. By federal law, a “service animal” either has to be a dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability (which can be either physical or mental). Service animals are covered by the Americans with Disabilities Act, allowing them to accompany people with disabilities in places of public accommodation, including those places where they might normally be prohibited, such as a restaurant.
In Ohio law, the term “service dog” is currently used to mean a dog that has been trained or is in training to assist a “mobility-impaired person.” Legislation that would broaden that definition to be similar to the federal definition, as well as allow for miniature horses, has been introduced.
A more recently developed and new federal category is an “emotional support animal.” These can be any species of animal whose use is supported or authorized by a physician, psychiatrist or other mental health professional on the basis of a disability-related need they have diagnosed in a patient. Emotional support animals are identified and protected under the federal Fair Housing Act and Air Carrier Access Act. They are documented by a letter from the human health professional, which legally guarantees they may live with their handler and travel with them on aircraft, exempt from the fees that would be charged for a companion animal.
The term “assistance animal” is used more broadly by the Federal Department of Housing and Urban Development to include animals providing assistance or performing tasks for persons with a disability, or providing emotional support that alleviates identified symptoms of a person’s disability. Ohio law defines “assistance dog” to be a guide dog (trained or in training to assist a blind person), hearing dog (a dog trained or in training to assist a hearing-impaired person), or service dog (trained or in training to assist a mobility-impaired person) that has been trained by a nonprofit agency.
It all can be a bit confusing, but essentially it boils down to this: Service animals (trained dogs or miniature horses only) and their allowance for being permitted in any place of public accommodation, airplane or housing development is identified under the law as for those specifically trained to assist with identified physical or mental disabilities. Emotional support animals must be essentially “prescribed” by a human health professional, and their access is only protected on air travel and in housing. It is not covered in other places of public accommodation.
As veterinarians, you may be asked by clients to support and/or authorize a “service animal” or “emotional support animal.” Because this involves a physical or mental diagnosis of a human, a veterinarian does not have the authority to do so. You should refer clients to their physician or mental health professional for such a designation. A veterinarian can, however, assess the client’s animal and make determinations as to its physical and behavioral suitability to assist with the physical or mental disability for which it is being requested.
Please also note that in a patient record, you should not make a notation of an owner’s disability, and you cannot charge more for the physical exam of a service animal than any other, even if more time may be involved.