Registering a Service / Emotional Support Dog - where to even begin?

June 2, 2016 1:19 PM

I have recently been diagnosed with an anxiety disorder and depression stemming from PTSD. I've been taking psychiatrist-prescribed medication as well as regularly seeing a talk therapist in addition to the doctor prescribing the medication. My doctor has noted the prevalence of my dog in my pursuit of a healthy daily lifestyle and offered to write a letter to help get my dog certified as a service / support animal.

I live in the US (California, if the state matters), and I have a dog that I spend a good deal of my non-working hours with. To be clear: I do not rely on this dog for physical assistance, i.e. I am not blind or in a wheelchair, however this dog does offer significant emotional support and general structure to my day that has been helpful in getting life back to normal. Caring for it keeps me on a schedule, helps me exercise, and frankly gives me a reason to still be around. Also if it matters, I used to train dogs professionally and my dog is extremely well behaved and responds to ~50 commands (including elimination on command).

I have made do with local travel (i.e. day trips, overnight at best) with the dog in the meantime to hotels that permit pets, but I have limited myself from extended travel away from home specifically for my concern to pursue the seemingly ambiguous registration process for my dog and then the hassle that dealing with an airline and/or hotel would then be to take my dog with me for any kind of extended trip.

I've begun researching registration for my dog, and the choices on Google seem endless and none of them seem to be either Federally required / mandated, or even the "top" / "nationally recognized" agencies for such certification. I'm looking for any guidance on how to navigate this, experience you've had (positive or negative) with any of these seemingly shady "organizations" that provide registration, tips for someone traveling with a service dog or emotional support dog for the first time. Frankly I can't even tell if I should register my dog as a service dog or ESA based on my symptoms, given that the law seems so vaguely written in regards to mental disabilities.

Any help you can provide is appreciated.

posted by anonymous to Pets & Animals (13 answers total)

The ADA has a good FAQ on service animals: http://www.ada.gov/regs2010/service_animal_qa.html

Particularly relevant to your question is this one:

Q17. Does the ADA require that service animals be certified as service animals?
A. No. Covered entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry.

There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal.

I.e. there is no need or benefit to registering your dog, and anyone trying to sell you certification is just taking advantage.

Note that there is an important difference between service dogs and ESAs -- service dogs receive the full protection of the ADA, whereas ESAs have no legal protections beyond landlords being obligated to allow them.

I will say that it sounds like your dog is *not* a service dog, but rather an ESA, and you would be taking advantage of the ADA to use the law to force hotels and airlines to accept your dog.
posted by crazy with stars at 1:28 PM on June 2, 2016 [9 favorites]

Companion or assistance animals do not necessarily need to be specially trained or registered. However, the Americans with Disabilities Act (ADA), which will be applicable for most public places, specifically says that service animals may be either a) dogs or b) miniature horses. The ADA does not require that service animals be registered or wear any identifying badges.
ADA Service Animal FAQs
ADA Service Animals in Businesses
ADA requirements

Also, in terms of your housing (which may or many not be applicable for you) under Fair Housing law, service/companion animals are not pets, and your landlord cannot charge you a pet deposit or pet rent for that animal.
posted by Kpele at 1:33 PM on June 2, 2016

There are 2 categories of animals: service animals and emotional support animals. If your dog is providing companionship, even (and especially) well-behaved companionship, it is not a service animal, so it is limited to housing areas, and there may be rules about transportation. Read the fine print on hotel and transportation websites. Many people use Air B&B when traveling with pets, and their filter allows you to locate dog-friendly accommodations as an alternate.

If you were blind, or had no arms, and your dog was trained to perform tasks, that is a service animal, which is almost exclusively a dog, with miniature horses as an alternate for outdoor areas.

As for registration, save your money, there is no official registry.
posted by childofTethys at 1:40 PM on June 2, 2016 [1 favorite]

I will say that it sounds like your dog is *not* a service dog, but rather an ESA, and you would be taking advantage of the ADA to use the law to force hotels and airlines to accept your dog.

This is half true. ESAs are indeed legally protected on airlines and can fly for free in-cabin without a carrier on any US flight with a note from your doctor. Many airlines do, however, require you to submit contact information for your doctor in advance. (This step is a recent one, perhaps in response to people who insist their pet is an ESA but do not qualify.)

You do not need any of the online certifications or vests etc. Just the letter, so long as your doctor confirms you qualify.
posted by mochapickle at 2:03 PM on June 2, 2016 [2 favorites]

I don't know a ton of specifics, but the fact that you live in California matters a lot. The regulations are pretty different here (in a way that will be better for you than in other states). You might want to use that as a search term.
posted by radioamy at 2:28 PM on June 2, 2016

"Frankly I can't even tell if I should register my dog as a service dog or ESA based on my symptoms, given that the law seems so vaguely written in regards to mental disabilities."

I think this section of Kpele's link is illustrative:

Q1. What is a service animal?
A. Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability.

Q2. What does "do work or perform tasks" mean?
A. The dog must be trained to take a specific action when needed to assist the person with a disability. For example, a person with diabetes may have a dog that is trained to alert him when his blood sugar reaches high or low levels. A person with depression may have a dog that is trained to remind her to take her medication. Or, a person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure.

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 a service 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.

Based on what you have described here, I don't think your dog qualifies as a service animal. There is no specific task that the dog has been trained to perform to assist you with your disability, which means it is not a service animal under the ADA. I would focus on looking into what rights and benefits an emotional support animal has in your state or locality.
posted by Rock Steady at 2:57 PM on June 2, 2016 [1 favorite]

Based on what you've said you do not qualify for a service animal. I have an ESA for anxiety/depression. I got a referral from my therapist and a letter written by a psychiatrist. She is very well trained and I have never been questioned on whether she is permitted, except once, at an outdoor fair. I fly with her and have no trouble with my house, hotels, etc. Memail me if you have specific questions.
posted by Marinara at 3:54 PM on June 2, 2016 [2 favorites]

ESAs are indeed legally protected on airlines and can fly for free in-cabin without a carrier on any US flight with a note from your doctor.

Ah, I see that you're right about this -- see these DOT guidelines:

This document refines DOT’s previous definition of service animal by making it clear that animals that assist persons with disabilities by providing emotional support qualify as service animals and ensuring that, in situations concerning emotional support animals, the authority of airline personnel to require documentation of the individual’s disability and the medical necessity of the passenger traveling with the animal is understood.

I'm surprised (and honestly dismayed) that the DOT considers ESAs service animals, but you are absolutely right.
posted by crazy with stars at 8:34 PM on June 2, 2016

An animal can only be considered an ESA if you have a "prescription" for it written on a licensed mental health professional's letterhead in the proper format. GPs don't count. Your dog is not a service animal unless it has been trained to perform a specific service related to your documented disability. And, as others have noted, ESA/service animal "registries" are unofficial, non-compulsory, and not required by the ADA.
posted by xyzzy at 3:26 AM on June 3, 2016

According to HUD, a physician, psychiatrist, social worker, or other mental health professional can provide documentation that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability (Question 6).
posted by mochapickle at 8:10 AM on June 3, 2016

mochapickle: "According to HUD, a physician, psychiatrist, social worker, or other mental health professional can provide documentation that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability (Question 6)."

Note that the DOT does actually require documentation from a "licensed mental health professional" (this exact language from the link I provided earlier). So clearly the various US government bureaus are not completely consistent on this issue.
posted by crazy with stars at 9:52 AM on June 3, 2016

It really is a mess. And airline requirements vary greatly in language:

JetBlue says you need current documentation (i.e., not more than one year old) on letterhead or prescription from a licensed mental health professional or physician* (* = any licensed mental health professional (e.g., psychiatrist, psychologist, licensed clinical social worker) including a medical doctor who is specifically treating a customer's mental or emotional disability.

United refers to documentation from your "health care professional" but on the form it specifically says mental health provider.

Southwest says the letter must come from a licensed mental health professional or medical doctor.

That said, primary care physicians do diagnose and prescribe medications for mental health issues such as depression and anxiety . (Primary care physicians write some 41% of antidepression presciptions, per the AAFP.)

Many people can and do get their ESA letters from their primary care providers.
posted by mochapickle at 10:14 AM on June 3, 2016

Which is all roundabout, anyway. Since OP has a psychiatrist prescribing meds AND a licensed talk therapist, then one or both are classified as licensed mental health providers and OP can take their pick on who writes the letter on letterhead.
posted by mochapickle at 10:23 AM on June 3, 2016