[Oagdu] Summary of new VA rules per guide dogs/Service Dogs

[Marion Gwizdala]

Deanna,

 

                Thank you for forwarding this to us. I haven't checked my
entire in box, so if you have not yet sent this to the NAGDU list, would you
please do so? Thanks a bunch!

 

Marion

 

 

                

 

From: Oagdu [mailto:oagdu-bounces at nfbnet.org] On Behalf Of Deanna Lewis via
Oagdu
Sent: Thursday, August 20, 2015 9:07 AM
To: Ohio Association of Guide Dog Users List
Cc: Deanna Lewis
Subject: [Oagdu] Summary of new VA rules per guide dogs/Service Dogs

 

Hi all,

I saw this on another list, so wanted to pass it along to you all as well.

Deanna

 

Forwarded message:

 

The general intent is to make going into a VA hospital with a service dog as
an outpatient or a Visitor very similar to visiting a regular public
hospital which is governed by the ADA. The rules are not identical but they
are a lot closer than they used to be.


1) no prenotification will be required for these types of visits.


2) no special certification or equipment will be required for the dog.


3) the same rules will apply regardless of who trained the dog or the type
of disability the dog is trained to mitigate. So the same rules for a dog
trained to assist a person who is blind or a person who has PTSD or a person
who uses a wheelchair.


4) The "under control" Standard will be very similar to the ADA. Voice
control will be allowed if the person's disability prevents using a leash.
Dogs who are not under the handler's control can be excluded.


5) The areas and reasons in the hospital where the dog might be excluded for
day visitors are now pretty much identical to the ADA. In fact they directly
reference the ADA in a number of places.


6) any breed of dog can be used as a service dog. However, the ADA does
allow miniature horses under some circumstances, and the VA will not allow
miniature horses as A service animal. Horses might be allowed for animal
therapy programs that's an entirely different issue.


7) triad teams are recognized where the person with the disability is not
the same person who is the dog's handler. The VA is using the term
"alternate handler" for the situation.


8) just like the ADA, the regulations do not extend to service dogs in
training or emotional support animals. The new VA regulations use the same
"work or tasks" language as the ADA and refer further to the ADA for
examples. 


The biggest ongoing area of difference between the VA regulations and the
ADA regulations appears to be for residential treatment programs. This is a
complicated issue under the ADA as well, but the VA is Pretty much saying
out front they don't expect there to be any overlap with the fair housing
act type regulations and they're requiring some things like proof of the
dog's vaccinations. But they have moved from a 100% denial to a
consideration on a case-by-case basis if the dog is part of the patient's
written treatment plan.


Anyway, that's just a quick summary, so if you do you have any specific
questions look for more detailed resources. But it is quite a big change.
Prior to this, the VA left it up to each facility administrator to establish
their Service animal policy and there was a lot of variation. Some VA
facilities allowed only ADI/I GDF graduates, others allowed dogs from other
trainers but only after pre-registration and individual interviews, some
facilities had breed restrictions, some facilities had diagnosis
restrictions.


I personally am one of those who have said for a long time that I felt the
VA rules should be the same as the ADA rules so I am quite pleased to see
this shift. 

 
 
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