Psychiatric Service Dogs
One topic that I am very interested in that relates to Psychology and the Law are Psychiatric Service Dogs. Of course there are Service Dogs for a lot of disabilities, such as guide dogs for the blind, hearing dogs for the deaf, mobility dogs for the impaired, Medical Alert dogs for things such as low blood sugar in diabetics, brain aneurisms, traumatic brain injuries, etc., but what interests me the most are Psychiatric Service Dogs, used for Post-Traumatic Stress Disorder (PTSD), Autism, Anxiety, Panic Disorders, and other hidden disabilities. The reason that I am so interested in Psychiatric Service Dogs is because I, personally, have a Service Dog for my PTSD.
While the laws are different in every state regarding Service Dogs, one thing we can all count on is the Federal Law’s version of the law, which every state has to abide by. According to the American’s with Disabilities Act (ADA), Service Animals are defined as dogs or miniature horses that are individually trained to do work or perform tasks for people with disabilities. Dogs whose sole function is to provide comfort or emotional support do not qualify as Service Animals under the ADA. ("Service Animals."). There is a fine line between Psychiatric Service Dogs and Emotional Support Animals under the law. Psychiatric Service Animals are for disabilities such as PTSD, suicide prevention, Autism, Anxiety, Panic Disorders, etc. Emotional Support Animals are for comfort, only. Emotional Support Animals are basically pet dogs who are trained to comfort their owner for their depression, anger issues, etc. Service Dogs require the owner to have a disability, and they are not considered pets; they are working dogs.
Service Animals do a lot to help people with disabilities cope with everyday life. For someone with Post-Traumatic Stress Disorder (PTSD), everyday life is very hard without a Service Dog. I attended years of therapy after being attacked and forced to watch my father kill himself, and therapy did not help; pills did not help. I talked to my doctor about Service Dogs for PTSD after hearing about Service Dogs for Veterans and he told me that a Service Dog might be exactly what I need. My Service Dog has been training for over a year, now and she has learned to prevent and stop panic attacks, stop flashbacks, wake me up from nightmares, she performs Deep Pressure Therapy (DPT) when I have bad anxiety, and she also helps me walk when my knee gives out, unexpectedly from being broken a few years back in the traumatic event. Without my dog with me constantly, I would be an emotional wreck. Certain things trigger my panic attacks and my dog can sense a panic attack coming before I can. Without her with me, I would break down for the whole world to see and judge me for. Psychiatric Service Dogs (PSDs) are also for disabilities such as Autism or panic disorders. A lot of children and adults with Autism cannot express themselves, as most of them do not talk. These children usually keep to themselves and are scared of strangers or new people. Service Dogs make people with Autism (especially children) more secure with themselves, and able to meet new people without being so scared of the unknown. Outings to public places can become less stressful and families can enjoy greater freedom and mobility. ("Autism Speaks”).
Under the American’s with Disabilities Act, State and local governments, businesses, and nonprofit organizations that serve the general public must allow Service Animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. ("Service Animals."). This includes restaurants, shopping centers, libraries, hospitals, public transportation, as well as most other places. The only places that Service Animals are not allowed to go are Sterile Environments, such as a burn unit, or inside an operating room, or in a church if the church does not welcome the animal. Churches are allowed to say no to Service Animals because there is a separation of Church and State in our country. Unfortunately, that gives Churches the right to deny or refuse Service Animals from entering the building if they choose to.
When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task. ("Service Animals."). There is no such thing as certification for Service Dogs. People may register their dog online and get an ID for their Service Dog, but those registries and IDs have no legal bearing, because there is no such thing as a Service Dog registry; they don’t exist. Any registration or certification for service dogs is fake, and usually, that is the easiest way to tell if the Service Dog team is fake. Most people with disabilities that choose to have a Service Dog help them know the laws and they know that there is no certification for them. There are on the other hand, training requirements. No 2 dogs are trained the same, which is why there is no certification. There are so many different disabilities and so many different kinds of tasks that Service Dogs perform that it would be impossible to test them all in the same way to get them certified. Most Service Dog handlers choose (they are not required) to get training certifications, such as the AKC Canine Good Citizen Test. That test requires 10 things in order for the dog to pass. The dog is required to Accept a friendly stranger without acting shy or aggressive, sit politely for someone to pet the dog without the dog reaching for the evaluator to pet them, they must be well groomed and not be afraid or act aggressively to a stranger grooming the dog with a brush, they must be able to walk on a loose leash without pulling, they must be able to walk through a crowd without being distracted by the crowd members or going to sniff the people, they must Sit, Lay Down, and Stay on command, come when called, act politely when introduced to another dog, not freak out by distractions such as a person on a bike riding by or a door opening or shutting, and they must behave without whining or barking when separated from their handler. (Evaluator Guide AKC Canine Good Citizen Program). Most Service Dog owners choose to have this evaluation completed to be able to prove in court that their Service Dog is properly trained and behaves in public if they ever end up in a lawsuit because of discrimination that happens very often. In 2 years, I have had 2 major discrimination events happen while out in public because of my Service Dog, and I am currently in the process of suing a local bar/restaurant for assault and battery as well as discrimination because of my Service Dog. Because the ADA is federal, it is breaking a Federal Law to discriminate against a Service Dog. The bouncer at that restaurant/bar decided that he did not want my Service Dog to be in the building, so after I told him that I was not leaving because it is illegal for him to ask me to leave, he decided to use the leash to choke me and force me out the door that way. Discrimination happens very often with Service Dogs, unfortunately. According to the ADA, a person with a disability cannot be asked to remove his/her service animal unless the dog is out of control and the handler does not take effective action to control it or if the dog is not housebroken. ("Service Animals."). Allergies, fear of dogs, and local health code laws are not legal reasons to deny a Service Dog from a building that allows the general public. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom, restaurant, or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility. ("Service Animals."). People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals. Basically, Service Dogs are medical equipment and are compared to items such as wheelchairs or oxygen tanks. The disabled person cannot be told that the Service Dog is not welcome, because it is not a pet; it is medical equipment.
Until recently, I did not know that there were categories of Service Dogs. I did not know that Psychiatric Service Dogs had their own category and are treated any differently than other Service Dogs. I have had a Psychiatric Service Dog for 2 years, and I always categorized it with all the other Service Dogs. I recently found out that Psychiatric Service Dogs can be discriminated against a little bit, but only at airports. Airports are required to allow Service Dogs and Emotional Support Animals fly in the cabin with the handler at no cost, but airports are allowed to ask Psychiatric Service Dog Handlers to provide a doctor’s note before boarding the plane. The airport may not ask for a note for any other kind of Service Dog, but they are allowed to require notes for Psychiatric Service Dogs and Emotional Support Animals. Airports are also allowed to ask what the disability is. Most places, like I stated earlier, are only allowed to ask if it is a Service Dog, and what tasks the dog performs, but airports are actually allowed to inquire about the disability itself. According to the Air Carrier Access Act, Carriers shall accept as evidence that an animal is a service animal by written documentation, presence of harnesses or markings on harnesses, tags, or the credible verbal assurances of the qualified individual with a disability using the animal, unless the animal is a Psychiatric Service Dog or an Emotional Support Animal. ("Details of the Air Carrier Access Act."). Carriers must permit a service animal to accompany a qualified individual with a disability in any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation. ("Details of the Air Carrier Access Act.").
The Department of Justice and the Department of Housing and Urban Development are jointly responsible for enforcing the federal Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. (FHEO-2013-01). A housing provider is not allowed to inquire about the nature and severity of an individual’s disability unless the tenant requests a reasonable accommodation or modification. In response to a request for a reasonable modification, a housing provider may request reliable disability-related information that is necessary to verify that the person meets the Act’s definition of disability (has a physical or mental impairment that substantially limits one or more major life activities), describes the needed modification, and shows the relationship between the person’s disability and the need for the requested modification. (FHEO-2013-01). Any person or entity engaging in prohibited conduct, such as refusing to allow an individual to make reasonable modifications when such modifications may be necessary to afford a person with a disability full enjoyment of the premises, may be held liable unless they fall within an exception to the Act’s coverage. (FHEO-2013-01). For example, if a tenant asks for a wheelchair ramp because he/she is wheelchair bound, the housing provider must install a wheelchair ramp at the tenant’s expense, according to the Fair Housing Act. On the other hand, if a person with a mobility related disability asks for clay or fiberglass shingles instead of the shaker shingles because clay and fiberglass shingles are less flammable, that is not a reasonable request, so the housing provider is not required to grant the request. If a person needs a Service Dog for a disability, then the housing provider must allow the tenant to have the Service Dog in the apartment/house free of charge regardless if the complex/house has a “no pets” policy.
There are many struggles and hassles involved in owning a Service Dog, but in the end, it’s worth it. There is a lot of training that goes into owning a Service Dog, and I’m not going to lie, it’s not easy, but dogs can be the best therapy in the worst situations. Service Dogs do a lot to help people with disabilities, but Psychiatric Service Dogs in particular help in a way that is unexplainable. Before having a Service Dog at my side, I was not able to work or leave the house without being terrified of being attacked again, which would send me into panic mode. Being afraid for your life is crippling and is something that I would never wish upon anyone. Psychiatric Service Dogs do a lot to help people with psychiatric disabilities cope and move on from their past. Some PSDs will block for their owners (meaning, they will get in between their owner and the thing that their owner is afraid of). This is not to be mistaken with guard dogs. Service Dogs are in no way comparable to guard dogs, because Service Dogs are not allowed to show any kind of aggression. They are for passive guarding, only. Sometimes my panic attacks are so bad that my dog cannot stop them before I lose consciousness, so she has to lay next to me or stand over me if we are in a crowded place where people could trip over me. That is as far as protection should go with a Service Dog. There are many things that PSDs can do for disabled people, and far too many to name, but in many cases, such as mine, Psychiatric Service Dogs help more than therapy alone, and they help the handler become a stronger person to deal with everyday struggles in life.
Works Cited
1. "Details of the Air Carrier Access Act." Details of the Air Carrier Access Act. Federal Aviation Administration (FAA) Office of Civil Rights, 2014. Web. 19 May 2015.< http://www.disabilitytravel.com/airlines/air_carrier_act_details.htm>.
2. Evaluator Guide AKC Canine Good Citizen Program. Raleigh, NC: American Kennel Club, 2001. Print.
3. H.R. FHEO-2013-01, SPECIAL ATTENTION OF: HUD Regional and Field Office Directors of Public and Indian Housing (PIH); Housing; Community Planning and Development (CPD), Fair Housing and Equal Opportunity; and Regional Counsel; CPD, P11-1 and Housing Program Providers 7 (April 25, 2013) (enacted). Print.
4. "Autism Speaks”. N.p., n.d. Web. 19 May 2015.< https://www.autismspeaks.org/science/science-news/parents-report-service-dogs-keep-kids-autism-safer-and-calmer?gclid=CjwKEAjwm-aqBRD39YPqhbzthzYSJACFj-AtleBf3fb1Rsn8TAheC2uRKFSTsz3CcpE77BIbAAMX5RoCgx_w_wcB>.
5. "Service Animals." Revised ADA Requirements:. U.S. Department of Justice, 15 July 2011. Web. 19 May 2015.< http://www.ada.gov/service_animals_2010.htm>.
6. United States. U.S. DEPARTMENT OF JUSTICE. CIVIL RIGHTS DIVISION. JOINT STATEMENT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE DEPARTMENT OF JUSTICE REASONABLE MODIFICATIONS UNDER THE FAIR HOUSING ACT. U.S.C. ed. Vol. 42. Washington, D.C.: Department of Justice and the Department of Housing and Urban Development, March 5, 2008. Print. 3601-3619.
