NEWS


Mi-Shu- Emotional Support Home Companion/"Laptop" Service Dog in Training- Shelter Dog

Service (or assistance) dogs are dogs used to help a person with a disability. Guide dogs for the blind are one kind of service dog as are hearing dogs and mobility dogs. Service dogs can be used for many disabilities both visible and hidden, physical or pychiatric. Service dogs enable their disabled partners to live a more fullfilling and normal life. Service dogs may be aquired from an agency that trains them for such a purpose or the disabled individual may select and train their own (or pay someone to train them). There is no special breed that must be used though Labradors,German Shepherds and Golden Retrievers are many agencies favorites- but as long as they are of suitable temperment and physical/mental ability and can do the job, they may be a service dog. Lets look at what the law says concerning service dogs.

To use a service dog the very first test is that the person must be disabled. This is what the law says-
"(2) Disability.--The term "disability" means, with respect to an individual-- (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. "Here is some further guidence on this-

"Physical or mental impairment. Under the first test, an individual must have a physical or mental impairment. As explained in paragraph (1)(i) of the definition, "impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs (which would include speech organs that are not respiratory such as vocal cords, soft palate, tongue, etc.); respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine. It also means any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. This list closely tracks the one used in the regulations for section 504 of the Rehabilitation Act of 1973 (see, e.g., 45 CFR 84.3(j)(2)(i)). "Test A- Substantial limitation of a major life activity. Under Test A, the impairment must be one that "substantially limits a major life activity." Major life activities include such things as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. A person is considered an individual with a disability for purposes of Test A, the first prong of the definition, when the individual's important life activities are restricted as to the conditions, manner, or duration under which they can be performed in comparison to most people. A person with a minor, trivial impairment, such as a simple infected finger, is not impaired in a major life activity. A person who can walk for 10 miles continuously is not substantially limited in walking merely because, on the eleventh mile, he or she begins to experience pain, because most people would not be able to walk eleven miles without experiencing some discomfort The question of whether a temporary impairment is a disability must be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual. The question of whether a person has a disability should be assessed without regard to the availability of mitigating measures, such as reasonable modifications or auxiliary aids and services. For example, a person with hearing loss is substantially limited in the major life activity of hearing, even though the loss may be improved through the use of a hearing aid. Likewise, persons with impairments, such as epilepsy or diabetes, that substantially limit a major life activity, are covered under the first prong of the definition of disability, even if the effects of the impairment are controlled by medication.

Test B -- A record of such an impairment This test is intended to cover those who have a record of an impairment. As explained in paragraph (3) of the rule's definition of disability, this includes a person who has a history of an impairment that substantially limited a major life activity, such as someone who has recovered from an impairment. It also includes persons who have been misclassified as having an impairment. This provision is included in the definition in part to protect individuals who have recovered from a physical or mental impairment that previously substantially limited them in a major life activity. Discrimination on the basis of such a past impairment is prohibited. Frequently occurring examples of the first group (those who have a history of an impairment) are persons with histories of mental or emotional illness, heart disease, or cancer; examples of the second group (those who have been misclassified as having an impairment) are persons who have been misclassified as having mental retardation or mental illness.

Test C -- Being regarded as having such an impairment This test, as contained in paragraph (4) of the definition, is intended to cover persons who are treated by a public entity as having a physical or mental impairment that substantially limits a major life activity. It applies when a person is treated as if he or she has an impairment that substantially limits a major life activity, regardless of whether that person has an impairment.

So we see who is allowed to use a service dog in the first place- regardless of age or any other factors other then those stated, but this is not enough, now we must look to the dog. This is what the law says about the dog itself-

Sec.36.104 Definitions Service animal means 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.

As we see, an animal must be individually trained to do work or perform tasks for the benefit of an individual with a disability. Individually trained, all agree, must include obediance training so that the dog behaves appropriately in public settings. This is a test that many agencies use to test the readiness of a dog for public access situations- I recommend that a person training their own dog, train it to these standards. Also some use the CGC (Canine Good Citizen)to test their dogs and I also recommend this test as a guide. As for specific tasks to help a person with their disability, that is up to the agency and/or the disabled individual but the animal MUST be "trained to do work or perform tasks for the benefit of an individual with a disability" so there must be some kind of work or tasks beyond the obediance in my opinion, obediance is an important part but in my opinion not enough. Certification by any person, state, government or agency is NOT required for access, but may be for special privilages over and beyond what the ADA allows.

There are several federal laws which protect the right of a disabled individual to be accompanied by a service dog (see the list to the left)), as for service dogs in training, there is no federal protection. Whether or not a state allows for a service dog in training is up to the state itself. Other animals beyond dogs MAY be used as long as they are individually trained to assist their disabled owner. It is similarly a federal crime to fraudulantly represent yourself as a disabled individual (or working on a disabled individuals behalf)to gain access with an animal trained or not.

There are several states which have penal regulations which prescribe it illegal and a penalty for interferring with or harming a service animal which can include fines and/or jail time. It is also a felony under the existing rules to steal a service dog as a basically trained service dog that is fully ready for public access is worth far over the misdemeanor level as far as monetary worth goes- akin to stealing a car.

My advice to those who are disabled and wish to train their own dogs- first document that you are disabled by whatever means possible (dr, social security, therapists) the more, the better. Identify what your symptoms are and how your dog helps with those...or make a strategic plan on what tasks you plan to train your dog. Know the laws concerning service dogs and make sure you are following them. A letter from a dr (or other healthcare proffessional)stating your need for a service dog is most helpful...in the cases of psychaitrists I have found many resistant to the idea of service dogs and many will not write such a note- even in the face of blatant disability. I did not wait for a note...I documented my disability to the enth degree and started using my service dog...then with the dog right in front of the dr I demanded a letter saying I use a service dog and I am disabled which I got..it was not much of a letter but it was a start. Then I went to my primary care and showed him the documentation of disability (he already knew that though), the laws about who may use a service dog and the letter from the psychiatrist and told him that my psychiatrist would not give me anything more and requested a decent dr's note..which upon viewing all the documentation he gave me. Most drs will be compliant if you can prove to them the law and that you fall under its umbrella. Some kind of note is almost a must....but in its abscence I believe the best you can do is document the things the law requires such as disability and the individual training of the dog, but it will still be a much harder road if you end up having to prove yourself in court.

I would not recommend a service dog for everyone. It can be very stressful- people giving you hassles about access, trouble with landlords...this is no picnic. The reason some of us continue and survive it is because our dogs do more good for our life and our disability then they cause hassles. This is no game. Also everyday as we go out and do "our thing" we represent ALL service dog users who may come behind us. We and our dogs must behave proffessionally and enforce our rights when neccesary. We must always remember that there is someone who may come behind us and we need to be aware of what we may or may not be causing them to face.