[NAGDU] A bill just introduced in the Michigan House is aimed at cracking down on the prescription of fake emotional support animals.

Sarah Calhoun sc-tico at att.net
Tue Dec 10 15:47:32 UTC 2019


A bill just introduced in the Michigan House is aimed at cracking down on
the prescription of fake emotional support animals.

 

https://www.michiganradio.org/post/newly-introduced-bill-michigan-aims-crack
-down-fake-support-animals

 

House Bill 4910, known as the "misrepresentation of emotional support
animals act," would make it illegal for a person to misrepresent themselves
as a person with a disability or as someone with an emotional support
animal. According to the bill, a housing provider "may request reliable
documentation" from that individual's health care provider to confirm the
person's need for an emotional support animal.

 

The bill would also mandate that the prescribing health care provider be
licensed in the state of Michigan or in the state the individual lived
during the previous 180 days. Additionally, the bill would require the
doctor to have a physical office space and have treated the patient for at
least six months.

 

The bill specifically addresses emotional support animals and not service
animals. According to the ADA Network, "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." They also note that while
"emotional support animals or comfort animals are often used as part of a
medical treatment plan as therapy animals, they are not considered service
animals under the ADA."

 

Registering your animal as a service animal in Michigan requires that "the
service provided by the animal is not emotional support, companionship,
therapy for others, and/or crime deterrence," according to the Michigan
Department of Civil Rights.

 

According to The Guardian, currently all you need to register your pet as an
"emotional support animal" is a therapist's letter "asserting the animal
contributes to your psychological well being." If you're unable to attain
this letter from a therapist or don't have one, there are for-profit
websites that will connect you with a clinician over the phone or via web
survey for a "disability appraisal." Through those same websites, one is
also able to to purchase support vests and tags. 

 

One site, ESAD International, offers Michigan residents housing letters for
$189, or airline letters for $239. Following the announcement of the bill,
ESAD wrote a blog post in support of Michigan's efforts, but also took issue
with the state's six-month clinical relationship requirement. 

 

"Therapeutically, if we take an ESA from a person for six months or two
months or whatever, we are increasing the risk of decompensation of the
client's mental health, which puts them at risk for more drastic coping,
such as suicidal ideation, intent, plan, etc. or increase in alcohol/drug
use, overdose, etc.," they wrote. "For some people, the ESA is the main
reason for getting up in the morning. Taking this away puts them at risk for
further deterioration where they may become a greater risk of harm to self
or others."

 

If found in violation of this act, an individual or health care provider
could face the following:

 

Imprisonment up to 90 days

A fine up to $500

Community service up to 30 days.

Housing providers would also be able to terminate a lease if the occupent
falsely respresents that an animal is an emotional support animal.

 

A hotline will be set up through the Department of Civil Rights so that
those who suspect a person or healthcare provider of falsely reporting one's
need for an emotional support animal can securely report those suspicions.

 

The Michigan Senate previously introduced a similar bill in 2017. 

 

TAGS: 

EMOTIONAL SUPPORT ANIMALSAMERICANS WITH DISABILITIES ACTDISABILITIESSTATE
HOUSE OF REPRESENTATIVES

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Kind regards,

Sarah Calhoun

 

Walk tall as the trees.

Be gentle as the spring rain.

Live strong as the mountains.

Be kind to everything that lives.

Keep the warmth of the sun in your heart.

Cherokee Blessing

 




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