Service Dog versus Therapy Dog – Facts and Fiction Explained


Pet dogs are all equal. But some are more equal.
The top spot in the hierarchy of more equal dogs is occupied by police and rescue dogs.
Next are guide dogs, signal dogs and service dogs. All of them are service dogs with equal standing under the law.
Therapy dogs follow closely but are just a little less equal.
And then there are the pet dogs. They are just equal.

What is a service dog?
The Department of Justice (DOJ) as the lead agency for the implementation of the Americans with Disabilities Acts (ADA) states that "any dog individually trained to do work or perform tasks for the benefit of an individual with a disability" is a service dog. Yet further explained in the DOJ's Business Brief: Service Animals:
“Service animals are animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. Service animals are working animals, not pets. “

Since guide dogs for the blind (Seeing Eye Dogs) are the oldest, most prominent and most recognized group  among service dogs, they are commonly also considered as the most equal among service dogs. In fact, they are the quintessential service dog in people's mind. However, before the law they do not have rights and privileges that exceed those of other guide, signal or service dog.

The Americans With Disabilities Act (ADA) as a Federal law supersedes State and local laws except in cases where the local law affords an even higher protection to the disabled and his/her service animal. ADA does not require special identification of a service dog, though local laws in some States and communities do.

California law (CALIFORNIA CIVIL CODE DIVISION 1) defines service dogs as dogs that were “trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in the regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336).”

California Penal Code Section 365.5 defines the terms 'guide, signal and service' dog. 'Service dog'  means any dog “individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items.”
It is not necessary that the service dog has been trained by a professional trainer as long as “. . . definitional criteria under federal regulations adopted to implement Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336)” are met.

If State or local law provides a stronger protection for the disabled than those in ADA and the Rehabilitation Act of 1973, then, and only then, would it supersede federal law.
Therefore it is wise to check State and local laws before you take your service dog to public and private areas that are normally not accessible to dogs. Some States require special ID tags or vests that identify a service dog. For example, in California the Food and Agricultural Code, Section 30850 through 30854, deals with special 'assistance dog identification tags.

“30850. (a) The animal control department shall endorse upon the application for an assistance dog identification tag the number of the identification tag issued. As used in this chapter, "assistance dogs" are dogs specially trained as guide dogs, signal dogs, or service dogs.”

The code also requires that a person applying for an assistance dog identification tag sign an affidavit affirming that he understands Section 365.5 of the California Penal Code and its provisions regarding assistance dogs and the penalties for false statements made to obtain an assistance dog identification tag.

California Penal Code 365.5 affirms the right of a disabled person to have his service dog with him where otherwise prohibited, defines again 'service dog' (any dog individually trained to do work or perform tasks for the benefit of an individual with a disability) and guarantees “equal accessibility for all owners or trainers of animals that are trained as guide dogs, signal dogs, or service dogs in a manner that is no less than that provided by the Americans with Disabilities Act of 1990 (Public Law 101-336) and the Air Carrier Access Act of 1986 (Public Law 99-435)”.

Summing up: “The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.” (Phyllis DeGioia)

The operative word in the definition of a service dog is “trained”. Trained to do something the disabled person can not do or can do only with great difficulty. A dog not trained to perform a specific task for a specific disabled individual is not service dogs as defined by ADA.

That puts a damper on the canine members in the next group in the hierarchy of more equal dogs: Therapy dogs.

What is a therapy dog?
Wikipedia defines: “Therapy Dog refers to a dog trained to provide affection and comfort to people in hospitals, retirement homes, nursing homes, mental institutions, schools, and stressful situations such as disaster areas.”

In short: Therapy dogs meet the needs of others not the needs of a specific individual and his or her disability.
Therefore, therapy dogs do not qualify as service dogs.

Therapy dogs do not need special training to become a therapy dog other than the basic training any good canine citizen should have. Any good natured and nurturing dog can become a successful therapy dog without much further ado. They have no specialized training to perform a specific task for an individual with a disability, physical or mental, required for a service dog.

Consequently, they are not allowed in stores, restaurants, air planes and other public and private places that normally exclude dogs. Sorry, no therapy dogs in air planes either.

Therapy dogs have friendly, outgoing, people oriented personalities. They enjoy being petted and to indulge humans with careful affection, tender contact and patient interaction. Therapy dogs can make the lives of those confined to hospitals and nursing facilities more tolerable. They bring great joy and anticipation into the loneliness of recluses.


What do you need in California to make your dog a service dog?
There is more than one answer to this question. You could simply rely on a strict application of the American with Disabilities Act that does not require your service dog to meet special local laws and identifications. That's the hard way. It may force you to fight every time you take your dog places not accessible to other dogs.
Or you could decide to make life easy for all concerned by concentrating a little effort at the outset.

How much effort?
1. You must suffer from a physical or mental condition as defined by law. "Disability" means any mental or physical disability as defined in Section 12926 of the Government Code. A disability not only in your mind, but documented in hospital or doctor's files and findings. A DMV handicapped placard might do nicely.
"Medical condition" is defined in subdivision (h) of Section 12926 of the Government Code. (CALIFORNIA CIVIL CODE DIVISION 1. PERSON, 54 (b))

2. A dog, the service dog,  individually trained to do work or perform tasks for the benefit of an individual with a disability as defined by ADA. The disability can be a medical or mental disability or condition.

3. A special  assistance dog identification tag to be issued by local Animal Control in accordance with California Food & Agricultural Code, Sections 30850 – 30854. Animal Control “shall endorse upon the application for an assistance dog identification tag the number of the identification tag issued”.

4. These requirements, rules and privileges are applicable to fully trained service dogs but also to disabled handlers and their dogs in training.

5. A vest or clearly visible tag that identifies the dog as a service dog makes life easier on all parties involved, though it is not a legal requirement under ADA.

That will do. Now you are protected from senseless, circuitous arguments with people with somewhat spotty knowledge of the applicable laws. And your service dog is protected even against bodily harm perpetrated on him or her by disgruntled persons.

A few final considerations.
Note the emphasis federal and State laws place on “individually trained . . . for the benefit of an individual”. Of course, this requirement quickly lead savvy dog trainers to establish training courses to the tune of up to several thousand dollars during which a dog is taught basic good dog manners, control commands and, maybe, a few general tasks such as fetch and alert. Much of the specialized work is however still left up to the handler who owns the dog. A situation that is also found in the training of guide dogs for the blind. You can purchase a fully trained Seeing Eye dog for thousands of dollars or get one that has some basic training for much less and then complete the guide dog training yourself.
The Americans with Disabilities Act does not require that your service dog was trained by a professional trainer. It allows the handler to train her dog herself.

And do not let anyone convince you that a therapy dog needs to be trained by a professional to meet the standards of some (mainly self-appointed) certification association.

Sorry, barky toy dogs in bags are neither service nor therapy dogs, even if you claim that you will become depressed when you are separated from your dog.
They are simply pets, equal pets. Neither service nor therapy dogs. Pets in a bag!

Service dogs of all types perform most valuable services for their owners and handlers. These dogs have to work hard every day to protect their owners or ease their physical burden. We should thank them by applying strict standards to the institution of service dog. We should not endanger their privileges by frivolous use of these protective laws in order to satisfy a selfish desire to carry barking mini noise makers around at all times and in all places.

PJJ



Addendum

The current definition of a service dog/service animal may change in 2009 from
“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."


To a new proposed definition:
"Service animal means any dog or other common domestic 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 who are blind or have low vision, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing minimal protection or rescue work, pulling a wheelchair, fetching items, assisting an individual during a seizure, retrieving medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and assisting individuals, including those with cognitive disabilities, with navigation. The term service animal includes individually trained animals that do work or perform tasks for the benefit of individuals with disabilities, including psychiatric, cognitive, and mental disabilities. The term service animal does not include wild animals (including nonhuman primates born in captivity), reptiles, rabbits, farm animals (including any breed of horse, miniature horse, pony, pig, or goat), ferrets, amphibians, and rodents. Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals." (http://www.ada.gov/NPRM2008/t3NPRM_federalreg.htm)