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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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    Table 1

    Definition of Terms for Categories of Therapeutically Used Animals

    TermDefinition
    Disability-related assistance animalA broad term that encompasses all animals that are utilized with therapeutic intent for persons with a legally recognized disability.
    Service animalAs 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 animalAs 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 animalAn 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 animalAny 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.
    PetAn 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.
    • ADA: Americans with Disabilities Act.

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    Table 2

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

    Disability-Related Assistance AnimalsTherapy AnimalsPets
    Service AnimalsaEmotional Support Animals
    Animal speciesDogs and miniature horses onlyAnyAnyAny
    Main applicable mandates and lawsADAbFHA, ACAA, state and local lawsState and local laws, institutional regulationsState and local laws and codes
    Owner has a right to:
     Bring animal into all public establishmentsYescNoNoNo
     Live with animal, even if “no pet” policy in placeYesYesNoNo
     Bring animal on airline flightsYesYescNoNo
    Permitted in medical settingsYescNoYescNo
    Requires training for specific disability-related tasksYesNoMaybedNo
    Used by single individual for supportYesYesNoMaybed
    Primary function is emotional supportNoYesMaybedNo
    Owner may be asked to disclose related disabilityNoYesYesNo
    Requires gentle temperament, behaviorYesYesYesNo
    • ↵a Includes psychiatric service animals.

    • ↵b According to the ADA definition; the FHA and ACAA imply broader definitions.

    • ↵c Statutes and regulations impose some restrictions on access.

    • ↵d May apply but is not required.

    • ADA: Americans with Disabilities Act.

    • FHA: Fair Housing Act.

    • ACAA: Air Carrier Access Act.

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Journal of the American Academy of Psychiatry and the Law Online: 51 (1)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 51, Issue 1
1 Mar 2023
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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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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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