Types of Assistance Dogs
There are four main types of assistance dogs: service dogs, therapy dogs, facility dogs, and emotional support dogs. Magnum Opus offers all four types of assistance dogs to approved homes! Let’s talk about the big differences between them. We are based in the United States, so all of the following legal information is specific to U.S. Federal Law at the time of writing (Feb 2023).
Service dog
Service dogs are working dogs that are trained to do specific tasks that mitigate the disabilities of their handler. There is no legal requirement for certification, identification, or professional training for a service dog.
From the ADA: “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 seizure, reminding a person with 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 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.”
Service dogs are allowed full public access rights under federal law. This law requires most business and facilities to provide reasonable access and accommodation for all disabled customers, clients, and members of the public. This includes providing reasonable access and accommodation for service dogs and their handlers. The ADA applies to almost all businesses that are open to the public, regardless of size.
Service dog handlers and their service dogs are allowed in restaurants, stores with “no pet” policies, on planes, trains, taxis, boats, anywhere the general public is allowed access to. They cannot be discriminated against, charged additional fees, segregated, or treated differently than other members of the public.
Service dog handlers can be required to leave public places if their service dog is out of control and the handler does not take effective action to control it, or if the dog poses a direct threat to the health or safety of other people or animals. Business representatives may ask if the dog is a service dog, and ask the handler what tasks the dog has been trained to perform, but they cannot ask for special ID cards or paperwork for the service dog, or ask invasive personal questions about the nature of the handler's disability.
Service dogs are also offered protected housing rights under federal law under the Fair Housing Act (FHA), meaning they can live with their handlers without being discriminated against. Landlords are required to provide reasonable accommodation for their tenant’s service dog. This means that service dogs are largely exempt from “no pets” policies and any additional pet deposits or fees.
Therapy dog
Therapy dogs are pets who are trained to provide joy, comfort, and love for many people in various public locations. Typically therapy dogs visit hospitals, schools, nursing homes, libraries, hospices, natural disaster areas, and more.
There are no state or national laws that regulate or certify therapy dogs. As a general rule, therapy dogs are typically trained and/or certified as well as insured by non-profit organizations. There are hundreds of these organizations across the county.
Therapy dogs are allowed limited pre-approved public access to provide therapeutic care. This means they can be granted approval to enter specific public spaces for the purpose of providing comfort to others. This approval can be retracted at any time by the owner or manager of the facility.
Therapy dogs do not have legal access and accommodation rights to public spaces, airlines or other forms of public transportation, or housing.
Facility dog
Facility dogs are working dogs who are trained to provide comfort and stability for people in a specific location or setting. They are allowed limited pre-approved public access to provide therapeutic care.
Examples of locations or settings in which facility dogs are trained and placed include schools, special education, health care facilities, residential care facilities, mental health care facilities, senior living, funeral homes, occupation, speech, and physical therapy, criminal justice systems, and many more.
These dogs are specifically trained to provide strength and support to people who are going through a difficult and stressful experience.
There are no federal laws regarding facility dogs, but some states have specific laws about the use of facility dogs in courthouse settings. Typically these laws specifically allow for facility dogs to be permitted into a courthouse to provide therapeutic support for a minor, disabled person, or victim of a serious crime during their testimony. Some state laws require facility dogs to be trained through or certified by a certain organization or type of organization, and some state laws do not.
Facility dogs do not have legal access and accommodation rights to other public spaces, airlines or other forms of public transportation, or housing.
Emotional support dog
Emotional support dogs are pets without formal training that provide emotional support and provide comfort to their owner. In order to be considered an emotional support dog, it must be prescribed by a mental health professional for a patient. The only identification needed is a letter from a mental health professional.
No public access or public accommodation is required for emotional support dogs. If a regular pet dog is not allowed to enter a restaurant or business, neither is an emotional support dog.
As of January 2021, the U.S. Department of Transportation (DOT) no longer requires airlines to accommodate emotional support dogs. Although some airlines may choose to allow emotional support dogs to fly with their owners, it is no longer a legal requirement.
However, emotional support dogs are offered protected housing rights under the Fair Housing Act (FHA), meaning they can live with their owners without being discriminated against. Landlords are required to provide reasonable accommodation for their tenant’s emotional support dog. This means that emotional support dogs are largely exempt from “no pets” policies and any additional pet deposits or fees.
Links for further research:
Fair Housing Act (FHA) Information
Department of Transportation (DOT) Information