Service Animals Comparison Sheet

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Rules Comparison

Service and Assistance Animals – Federal Laws and State Laws for WA, OR, ID and AK

 

State Laws: Washington  Oregon  Idaho  Alaska

 
Statue Training Certification Medical Documentation 

Comfort/Emotional Support Animals

Service Animals-in-Training Enforcement Entities
 
 
 
 
 
Yes. Under the ADA, a
service animal must a
dog that is individually
trained to do work or
perform tasks for the benefit of an individual with a disability. Service animals can be
professionally trained or trained by the handler themselves.
 
 
 
 
 
No. Under Title II
(State and Local
Government)
and Title III
(Public
Accommodation
s, meaning
private
businesses), a
service animal
handler does not need to provide
certification for
his or her service animal.
 
 
 
 
 
 
 
Yes. Title I of the ADA,
regarding employment,
does not specifically
address service animals in
the workplace. Under Title
I, a service animal may be a reasonable
accommodation. As such, medical documentation
may be requested by an employer.
 
 
 
 
 
 
No. A comfort or
emotional support
animal is NOT
trained. Comfort
animals do not have rights under the ADA.
For example,
businesses do not
have the legal
obligation to admit a comfort animal if
there is a “no pets” policy, as under the ADA these animals are in essence “pets.”
 
 
 
 
 
 
 
No. The ADA does not
address service animals‐
in‐training, but rather gives each independent
state the right to make its own laws regarding the rights of service animals‐
in‐training.
 
 
 
 
 
 
 
 
 
 
U.S. Dept. of
Justice
[Federal ‐ 
Titles II&III]
Equal
Federal -Title I
State Legislation
[Local]

 

 

Fair Housing Act

 

 

(FHA)

 

 

 

 

 

 

 

No, not necessarily.
 
Under the FHA, the person with a disability who is requesting the assistance animal must demonstrate a
disability-related need
for the animal, but there is no
requirement that the animal be trained."
 
 
 
 
 
 
 
 
 
 
 
 
 
No. Even if the
assistance
animal is a
reasonable
accommodation,
the housing
entity may not
require
certification to
verify the
assistance
animal’s status
as such.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Sometimes. A landlord may
 
request medical
documentation that a tenant has a qualifying
disability under the Fair Housing Act. In addition, the medical professional should indicate the benefit
that the assistance animal provides. This documentation cannot be requested when the disability and need for the
assistance animal is readily apparent.
 
 
 
 
 
 
 
 
Yes. Under the FHA,
 
housing entities must
admit any type of
“assistance animal,”
a term which
includes service
animals as well as
comfort animals or
emotional support
animals. In other
words, training is not a requirement for an assistance animal.
 
 
 
 
 
 
 
 
 
 
 
 
Yes. The Fair Housing Act
(FHA) does not require an
animal to be trained, or
be in training, to serve as
an assistance animal for a
person with a disability
living in housing covered
by the FHA. As such,
service animals‐in‐training could be allowed
as a reasonable
accommodation under the FHA.
 
 
 
 
 
 
 
 
 
800‐669‐9777 (V)
800‐927‐9275
(TTY)

Air Carrier Access Act

 

 

(ACAA)

 

 

 

 

 

 

 

Yes. The ACAA defines a service animal as “any guide dog, signal dog, or other animal individually trained to
provide assistance to
an individual with a
disability.” U.S. air
carriers and their
foreign partners must
recognize service
animals and consider
their presence in the
cabin to be a
reasonable
modification of policy.
 
 
 
 
 
 
 
 
 
 
 
 
 
No. The ACAA
says that air
carriers must
accept service
animals based
on any type of
identification or
“the credible
verbal assurances of a qualified
individual with a
disability using
the animal.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
No, not usually. Under the
ACAA, air carriers are to
obtain credible verbal
assurances from passengers
who have service animals
that the animal is indeed a
trained service animal. If
the verbal assurance does
not seem credible, the
carrier may ask for medical
documentation. While the
ACAA does allow carriers to
ask for medical
documentation if an
individual wants to have his
or her service animal in the
cabin, the Dept. of
Transportation (DOT) says
that it urges carriers not to
have such a requirement.
 
 
 
 
Yes. Under the ACAA,
U.S. air carriers and
their foreign partners
may request current
documentation by a
physician on
letterhead from
individuals who
would like to bring their emotional
support animals
(which do not need
to have had specific
training) into the
cabin.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
No. The ACAA does not
address service animals‐
in‐training and is not
required to carry them as
they do not meet the
requirements of a
“service animal”
according to this statute.
However, carriers are free to make their own
individual policies with
regards to carrying any
pets, including service
animals‐in‐training,
provided they comply
with the Animal Welfare
Act and are consistent
with health and safety
codes.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Yes. Washington State
law defines a service animal as “an animal that is trained for the
purposes of assisting or accommodating a disabled person's
sensory, mental, or physical disability.”
See requirements for service animals in “food establishments”
in the foot note
below.
 
 
 
No. There are no
legal requirements
for service animals to
be specially certified,
or for handlers to
have proof of service
animal status by
certification.
 
 
 
 
 
 
 
 
 
 
 
 
 
No. Washington State law does not address a
requirement of
documentation or
identification, including unique dog tags, with
regard to service
animals.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
No. Comfort or
emotional support
animals are not
considered service animals under Washington State law because they are not trained.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
No. Washington
State Law does not
address service
animals‐in‐training.
A program or facility certainly can allow a
service animal‐in‐training access, but it is under no legal obligation to do so.
 
 
 
 
 
 
 
 
 
 
 
 
Revised Code of
Washington
 
 
 
 
Oregon
Definitions for
 
 
 
 
 
 
 
Yes. Oregon defines
an “assistance animal”
as “a dog or other animal designated by administrative rule that has been individually trained to do work or perform tasks for the benefit of an individual.” This
umbrella term
includes, but is not limited to, “dog guides”, trained to lead or guide a person who is blind; “hearing ear dogs,” trained to assist a person who is
deaf; and dogs trained to pull a wheelchair,
fetch dropped items, and perform balance work.
 
 
 
 
 
 
 
 
No. There are no legal requirements
for service animals to be specially certified, or for handlers to
have proof of service animal status by
certification.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
No. The Oregon does not address a
requirement of
documentation or
identification, including unique dog tags, with regard to service animals.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
No. Oregon does not specifically address comfort or emotional
support animals.
Because such animals
are not trained they would not be
considered a
service/assistance
animal in Oregon.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Yes. Oregon
recognizes the
rights of “assistance
animal trainees,”
defined as “an animal that is undergoing a course of development and training to do work or perform tasks for the benefit of an individual that directly relate to the disability of the individual..” This includes “hearing ear dog trainees” and “dog guide
trainees.” Trainers are permitted in
places of public
accommodation, for example, provided
that they have the dog under control.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Yes. According to Idaho Code, an “assistance dog” is either a dog that has
been trained as a “guide dog,” for a person who is blind or has a vision disability;
a “hearing dog,” for a person with a hearing
disability; or a “service dog,” for a person
with a physical
disability.
 
 
 
 
 
 
 
 
 
 
 
 
 
No. There are no
legal requirements
for service animals to
be specially certified,
or for handlers to
have proof of service
animal status by
certification.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
No. Idaho Code does
not address a
requirement of
documentation or
identification, including
unique dog tags, with
regard to service
animals.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
No. Idaho Code does
not address the rights
of comfort or
emotional support
animals.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Yes. Idaho Code
recognizes service
animals‐in‐training,
and thus
businesses, public
programs, and
workplaces have a
legal obligation to
allow access to
service animals‐in‐
training. Idaho Code
does stipulate that
the “dog‐in‐
training” will wear a jacket, collar, scarf or other similar article to identify it as a dog‐in‐training.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Yes. According to
Alaska law, a service
animal is trained to
assist a physically or
mentally challenged
person.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
It depends. Service
animals are
sometimes referred
to as “certified
service animals”
under Alaska law.
Thus, certification
from an authorized
training school can
be required for
access with a service
animal in the case of
private and public
businesses,
transportation, etc.*
When the issue is for drivers to take precaution to avoid injuring service animals or handlers,
Alaska law does not mention certification
as necessary for a
“service animal.”
 
 
 
No. Alaska law does
not address a
requirement of
documentation or
identification, including
unique dog tags, with
regard to service
animals.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
No. Alaska law does
not address the rights
of comfort or
emotional support
animals.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Yes. Service
animals‐in‐trainings
do have rights
under Alaska law. They must be accompanied by an “authorized”
trainer, and be
identified by
wearing a device or
exhibiting an
insignia approved
by a school, agency, or other facility that
trains service
animals.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Alaska Statute
 
*As is described in RCW 49.60.218: Use of a dog guide or service animal—Unfair practices—Definitions, in food establishments, a “service animal” is defined as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” Furthermore, food establishments shall make reasonable modifications in policies, practices, or procedures to allow the use of miniature horses.
 
*Alaska’s Title 11, Chapter 76 definition of a service animal, which requires a service animal to be certified by a school or training facility is a definition that is contradictory to the federal Americans with Disabilities Act (ADA) definition of and requirements for a service animal. The ADA does not require a service animal to be trained by a specific school or facility. Thus, even in the state of Alaska, a service animal may not be denied access even if it is not a “certified service animal” according to the Title 11 definition. However, a person may not be charged under this state law for interfering with the rights of a service animal handler if the service animal does not meet the definition of a “certified service animal.” For more information, please contact the Northwest ADA Center.

 

 


 

NIDILRR LogoThe Northwest ADA Center is a member of the ADA National Network. This fact sheet was developed under grant from the Administration for Community Living (ACL), NIDILRR grant #90DP0016-02-00. However, the contents do not necessarily represent the policy of the ACL, and you should not assume endorsement by the federal government. 

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