Laws and Ethics Related to Emotional Support Animals

Article Figures & Data

Table 1

Definition of Terms for Categories of Therapeutically Used Animals

Term	Definition
Disability-related assistance animal	A broad term that encompasses all animals that are utilized with therapeutic intent for persons with a legally recognized disability.
Service animal	As defined by the ADA, a dog or miniature horse that has been individually trained to perform specific tasks that mitigate a person’s disability.
Psychiatric service animal	As defined by the ADA, a subset of service animal that has been individually trained to perform specific tasks, which do not include the provision of “emotional support,” that mitigate a person’s disability from psychiatric illness.
Emotional support animal	An animal of any species, which does not qualify as a service animal under the ADA, that a medical provider has certified can mitigate a person’s psychiatric disability through companionship rather than by any specifically trained task(s).
Therapy animal	Any species of animal utilized by a trained handler, either through the animal’s presence or a guided interaction as a part of a structured animal-assisted therapy, to provide therapeutic benefit for persons with illness and suffering.
Pet	An animal kept for companionship or pleasure that is not clinically certified for therapeutic use in any illness or disability and that is not afforded any special accommodations under the law.

Table 2

Summary of the Mandates or Laws Applicable to Therapeutically Used Animals and the Rights Under Each Law

	Disability-Related Assistance Animals		Therapy Animals	Pets
	Service Animals^a	Emotional Support Animals	Therapy Animals	Pets
Animal species	Dogs and miniature horses only	Any	Any	Any
Main applicable mandates and laws	ADA^b	FHA, ACAA, state and local laws	State and local laws, institutional regulations	State and local laws and codes
Owner has a right to:
Bring animal into all public establishments	Yes^c	No	No	No
Live with animal, even if “no pet” policy in place	Yes	Yes	No	No
Bring animal on airline flights	Yes	Yes^c	No	No
Permitted in medical settings	Yes^c	No	Yes^c	No
Requires training for specific disability-related tasks	Yes	No	Maybe^d	No
Used by single individual for support	Yes	Yes	No	Maybe^d
Primary function is emotional support	No	Yes	Maybe^d	No
Owner may be asked to disclose related disability	No	Yes	Yes	No
Requires gentle temperament, behavior	Yes	Yes	Yes	No