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http://www.servicedogcentral.org/content/changes
"On July 23, 2010, Attorney General Eric Holder signed final regulations revising the Department’s ADA regulations, including a revised definition of “service animal.” This final rule was published in the Federal Register September 15, 2010, and the effective date is six months after that publication.
Effective March 15, 2011, “Service animal means 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. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler´s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other
tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds,
providing non-violent protection or rescue work, pulling a
wheelchair, assisting an individual during a seizure, alerting individuals to the
presence of allergens, retrieving items such as medicine or the telephone,
providing physical support and assistance with balance and stability to
individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities
by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an
animal´s presence and the provision of emotional support, well-being, comfort, or companionship
do not constitute work or tasks for the purposes of this definition.”
Key changes include the following:
1. Only dogs will be recognized as service animals.
2. Service animals are required to be leashed or harnessed except when
performing work or tasks where such tethering would interfere with the dog's
ability to perform.
3. Service animals are exempt from breed bans as well as size and weight
limitations.
4. Though not considered service animals, businesses are generally required to
accommodate the use of miniature horses under specific conditions.
Until the effective date, existing service animals of all species will continue to
be covered under the ADA regulations.
Existing policies that were clarified or formalized include the following:
1. Dogs whose sole function is “the provision of emotional support, well-being, comfort, or
companionship” are not considered service dogs under the ADA.
2. The use of service dogs for psychiatric and neurological disabilities is explicitly protected under the ADA.
3. “The crime deterrent effects of an animal's presence” do not qualify that animal as a service animal and “an animal individually trained to provide aggressive protection, such as an attack dog, is not appropriately considered a service animal.”
These previously existing policies are already in effect.
For further reading, consult:
Final Rule for Title II: Department of Justice, 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services
Title II Fact Sheet: Fact Sheet -- Highlights of the Final Rule to Amend the Department of Justice's Regulation Implementing Title II of the ADA
Text of Revised Title II Regulation: Text of the Revised Title II Regulation
Final Rule for Title III Department of Justice, 28 CFR Part 36, Nondiscrimination on the Basis of Disability by Public Accommodati
Title III Fact Sheet Fact Sheet -- Highlights of the Final Rule to Amend the Department of Justice´s Regulation Implementing Title III of the ADA
Text of Revised Title III Regulation: Text of the Revised Title III Regulation
"On July 23, 2010, Attorney General Eric Holder signed final regulations revising the Department’s ADA regulations, including a revised definition of “service animal.” This final rule was published in the Federal Register September 15, 2010, and the effective date is six months after that publication.
Effective March 15, 2011, “Service animal means 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. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler´s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other
tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds,
providing non-violent protection or rescue work, pulling a
wheelchair, assisting an individual during a seizure, alerting individuals to the
presence of allergens, retrieving items such as medicine or the telephone,
providing physical support and assistance with balance and stability to
individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities
by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an
animal´s presence and the provision of emotional support, well-being, comfort, or companionship
do not constitute work or tasks for the purposes of this definition.”
Key changes include the following:
1. Only dogs will be recognized as service animals.
2. Service animals are required to be leashed or harnessed except when
performing work or tasks where such tethering would interfere with the dog's
ability to perform.
3. Service animals are exempt from breed bans as well as size and weight
limitations.
4. Though not considered service animals, businesses are generally required to
accommodate the use of miniature horses under specific conditions.
Until the effective date, existing service animals of all species will continue to
be covered under the ADA regulations.
Existing policies that were clarified or formalized include the following:
1. Dogs whose sole function is “the provision of emotional support, well-being, comfort, or
companionship” are not considered service dogs under the ADA.
2. The use of service dogs for psychiatric and neurological disabilities is explicitly protected under the ADA.
3. “The crime deterrent effects of an animal's presence” do not qualify that animal as a service animal and “an animal individually trained to provide aggressive protection, such as an attack dog, is not appropriately considered a service animal.”
These previously existing policies are already in effect.
For further reading, consult:
Final Rule for Title II: Department of Justice, 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services
Title II Fact Sheet: Fact Sheet -- Highlights of the Final Rule to Amend the Department of Justice's Regulation Implementing Title II of the ADA
Text of Revised Title II Regulation: Text of the Revised Title II Regulation
Final Rule for Title III Department of Justice, 28 CFR Part 36, Nondiscrimination on the Basis of Disability by Public Accommodati
Title III Fact Sheet Fact Sheet -- Highlights of the Final Rule to Amend the Department of Justice´s Regulation Implementing Title III of the ADA
Text of Revised Title III Regulation: Text of the Revised Title III Regulation
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