[Njagdu] Cathy this should answer your question regarding your incident in the hospital

[Trisha Ebel]

Americans with Disabilities Act 

 

Title II and Title III Revised Regulations 

 

Fact Sheet Series 

 

Call us toll-free: 1-800-949-4232 

 

Find your regional center at: www.adata.org 

 

Fact Sheet #5 

 

Service Animals 

 

 

The Department of Justice has issued revised ADA Title II 

(state and local government programs) and Title III (private 

businesses, a.k.a. places of public accommodation) regulations 

which took effect March 15, 2011. These regulations revise 

the definition of service animal and add additional provisions. 

(§35.104, §35.136, §36.104, §36.302) 

 

 

 

Definition 

 

A service animal is 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 considered to be service animals. The work or tasks performed by a
service animal must be 

directly related to the individual’s’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 individuals 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 and as such do not meet the definition of a service animal. 

 

 

Miniature Horses 

 

A public entity or private business shall make reasonable modifications in
policies, practices, or 

procedures to permit the use of a miniature horse as a service animal by an
individual with a 

disability if the miniature horse has been individually trained to do work
or perform tasks for the 

benefit of the individual with a disability subject to an assessment of the
type, size, and weight of 

the miniature horse and whether the facility can accommodate these features.
The same provisions 

that apply to service dogs also apply to miniature horses. 

 

 




 

Inquiries 

 

To determine if an animal is a service animal, a public entity or a private
business may ask two 

questions: 1) Is this animal required because of a disability? 2) What work
or task has this animal 

been trained to perform? These inquires may not be made if the need for the
service animal is 

obvious (e.g., the dog is guiding an individual who is blind or is pulling a
person’s wheelchair.) A 

public entity or private business may not ask about the nature or extent of
an individual’s disability. 

It also may not require documentation, such as proof that the animal has
been certified, trained or 

licensed as a service animal, or require the animal to wear an identifying
vest. 

 

 

When and Where a Service Animal is Allowed Access 

 

Individuals with disabilities shall be permitted to be accompanied by their
service animals in all 

areas of public facilities and private businesses where members of the
public, program participants, 

clients, customers, patrons, or invitees are allowed to go. If a service
animal’s presence in a specific 

facility compromises legitimate safety requirements that are necessary for
safe operation, they can 

be excluded from the facility (e.g., from a surgery or intensive care unit
in a hospital in which a 

sterile field is required.) 

 

 

A public entity or a private business may ask an individual with a
disability to remove a service 

animal from the premises if the animal is not housebroken or if the animal
is out of control and the 

individual does not take effective action to control it. An individual shall
use a harness, leash or 

other tether with their service animal unless either the individual is
unable to do so because of a 

disability or unless the use of a harness, leash, or other tether would
interfere with the service 

animal’s safe, effective performance of work or tasks. In these cases, the
service animal must be 

under the individual’s control through voice control, signals, or other
effective means. If a service 

animal is excluded, the individual with a disability must still be offered
the opportunity to obtain 

goods, services, and accommodations without having the service animal on the
premises. 

 

 

Other Provisions 

 

• A public entity or private business is not responsible for the care and
supervision of a service 

animal. 

• A public entity or private business shall not ask nor require an
individual with a disability to 

pay a surcharge or deposit, even if people accompanied by pets are required
to pay such 

fees. 

• If a public entity or private business normally charges individuals for
the damage they cause, 

an individual with a disability may be charged for damage caused by his or
her service 

animal. 

 

 

 

Relationship to Other Laws 

 

• These provisions related to service animals apply only to entities covered
by the ADA. The 

Fair Housing Act covers service animal provisions for residential housing
situations and the 

Air Carrier Access Act covers service animal provisions for airline travel.
The definition of a 

service animal under each of these laws is different than the definition
under the ADA. 

 

 

 

 

Call your Regional ADA Center at 1.800.949.4232 for more information on 

Service Animals and to get other Fact Sheets in our nine part series! 

 




 

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