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Research ArticleRegular Article

Laws and Ethics Related to Emotional Support Animals

Joshua D. Carroll, Brian S. Mohlenhoff, Charlie M. Kersten, Dale E. McNiel and Renée L. Binder
Journal of the American Academy of Psychiatry and the Law Online September 2020, JAAPL.200047-20; DOI: https://doi.org/10.29158/JAAPL.200047-20
Joshua D. Carroll
Department of Psychiatry, University of California San Francisco, San Francisco, CA. San Francisco Veterans Affairs Medical Center San Francisco, San Francisco, CA. West Suburban Medical Center, Oak Park, IL. Department of Psychiatry, University of California San Francisco, San Francisco, CA. Psychiatry and the Law Program, University of California San Francisco, San Francisco, CA.
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Brian S. Mohlenhoff
Department of Psychiatry, University of California San Francisco, San Francisco, CA. San Francisco Veterans Affairs Medical Center San Francisco, San Francisco, CA. West Suburban Medical Center, Oak Park, IL. Department of Psychiatry, University of California San Francisco, San Francisco, CA. Psychiatry and the Law Program, University of California San Francisco, San Francisco, CA.
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Charlie M. Kersten
Department of Psychiatry, University of California San Francisco, San Francisco, CA. San Francisco Veterans Affairs Medical Center San Francisco, San Francisco, CA. West Suburban Medical Center, Oak Park, IL. Department of Psychiatry, University of California San Francisco, San Francisco, CA. Psychiatry and the Law Program, University of California San Francisco, San Francisco, CA.
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Dale E. McNiel
Department of Psychiatry, University of California San Francisco, San Francisco, CA. San Francisco Veterans Affairs Medical Center San Francisco, San Francisco, CA. West Suburban Medical Center, Oak Park, IL. Department of Psychiatry, University of California San Francisco, San Francisco, CA. Psychiatry and the Law Program, University of California San Francisco, San Francisco, CA.
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Renée L. Binder
Department of Psychiatry, University of California San Francisco, San Francisco, CA. San Francisco Veterans Affairs Medical Center San Francisco, San Francisco, CA. West Suburban Medical Center, Oak Park, IL. Department of Psychiatry, University of California San Francisco, San Francisco, CA. Psychiatry and the Law Program, University of California San Francisco, San Francisco, CA.
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Abstract

The use of animals for therapeutic benefit is well-established. For example, for individuals with a disability such as blindness, trained service dogs can enhance the ability to live independently and participate fully in society. An emotional support animal (ESA) is an untrained animal that is used to support a person disabled by an emotional or mental disorder. For an animal to qualify as an ESA, a mental health or medical professional needs to write a letter saying that the animal is needed for the mental health of the person with the disability. This article describes the legal framework for service animals and ESAs, as well as the differences between them. We summarize information about the Americans with Disabilities Act, the Fair Housing Act, the Air Carrier Access Act, and other laws governing an individual’s right to be accompanied by a support animal. We also summarize the clinical research on ESAs and argue that, although there are few studies on the clinical effectiveness of ESAs, a broader body of research indicates that animals may have positive clinical effects on medical and mental illness. Finally, we suggest there is a need for further research and provider education on ESAs.

  • emotional support animal(s)
  • service animal(s)
  • therapy animal(s)
  • Americans with Disabilities Act (ADA)
  • Fair Housing Act (FHA)
  • Air Carrier Access Act (ACAA)

Footnotes

  • Disclosures of financial or other potential conflicts of interest: None.

  • © 2020 American Academy of Psychiatry and the Law
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Journal of the American Academy of Psychiatry and the Law Online: 53 (1)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 53, Issue 1
1 Mar 2025
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Laws and Ethics Related to Emotional Support Animals
Joshua D. Carroll, Brian S. Mohlenhoff, Charlie M. Kersten, Dale E. McNiel, Renée L. Binder
Journal of the American Academy of Psychiatry and the Law Online Sep 2020, JAAPL.200047-20; DOI: 10.29158/JAAPL.200047-20

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Laws and Ethics Related to Emotional Support Animals
Joshua D. Carroll, Brian S. Mohlenhoff, Charlie M. Kersten, Dale E. McNiel, Renée L. Binder
Journal of the American Academy of Psychiatry and the Law Online Sep 2020, JAAPL.200047-20; DOI: 10.29158/JAAPL.200047-20
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    • Legal Framework for DRAAs
    • The Americans with Disabilities Act
    • Fair Housing Act
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Keywords

  • emotional support animal(s)
  • service animal(s)
  • therapy animal(s)
  • Americans with Disabilities Act (ADA)
  • Fair Housing Act (FHA)
  • Air Carrier Access Act (ACAA)

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