Rainbow Service Dogs


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Rainbow Service Animals

# 04-3749362

Kelley Fecteau: Program Director

520-465-3627

RAINBOW SERVICE DOGS
P.O.BOX 64093
TUCSON, AZ 85728

RainbowSvcDogs@yahoo.com


     Hildie, service dog for 7 yrs for owner Kelley Fecteau. Hildie passed on to Rainbow Bridge on 03-11-2011

 We are required to maintain records of all immunizations and copies of licensure for all members .(Owners must submit new records every year) All members will receive a picture ID for their SD/SA, PSD/PSA which also had basic laws on reverse. This ID must be carried at all time the animal is in public. Upon graduation members will receive a permanent ID .

We are required by law to maintain records for all members .

Please Download Contract Below and Fill out. Return to the address listed on first page.

RSD MEDICAL CONTRACT WITH MEDICAL : PSYCHIATRIC LETTER FORMAT

Please be sure to fill in all information accurately and if you have any questions feel free to contact us.


Service Dog Laws

The Americans with Disabilities Act (ADA) issued regulations in 1991 to permit the use of a service animals (SD or SA) in public. This required modifications in policies in such places as restaurants, hotels, retail establishments, theaters and concert halls. In short, this meant that service animals accompanying persons with disabilities had to be admitted in places that otherwise had policies excluding pets or other animals.

At that time, 20 years ago, most service animals were "seeing eye" dogs that assisted visually impaired individuals. For the most part, guide dogs for the blind were highly-trained, unlikely to create a nuisance or a sanitary problem and to sighted individuals, were obviously providing service to their visually impaired handler. Over time, not only did the function of service animals expand to include assistance for a variety of both visible and invisible disabilities, so too did the number of species being used by people in the name of service. These included pigs, cats, horses,monkeys, snakes, lizards, birds and rodents.

As more and more people were using more and more animals in the context of service work, it became apparent that some changes were necessary. The proliferation of service animals in public settings, some whose poor manners posed obvious problems in public in terms of safety, sanitation and disturbance of others, was becoming a hot button issue for proprietors of retail businesses.

As of 2011, the new SD laws limit types of animals to be utilized to miniature ponies, dogs, cats and monkeys

Until now, however, retailers were largely powerless to bar these types of animals from their establishments.

Service dogs' tasks include the following examples but are not limited to the below:

  • assisting sight-impaired persons with navigation or other tasks;
  • alerting hearing-impaired persons to the presence of people or sounds;
  • providing non-aggressive protection or rescue work;
  • pulling a wheelchair;
  • assisting an individual during a seizure;
  • alerting an individual to the presence of allergens;
  • retrieving items such as medicine, dropped objects, items off shelves or the telephone;
  • providing physical support /assistance with balance and stability to individuals with mobility impairments
  • spacial awareness
  • alert for falls
  • helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.
  • alert to low or high blood sugar

For a dog to qualify as a psychiatric service dog / animal (PSD/PSA) for an owner with a psychiatric disability under the new regulations:

  1. The individual must carry at all times a copy of a signed letter from A Psychologist/ Psyciatrist stating the need for a PSD/PSA.
  2. The dog must be trained to perform specific work or tasks. Examples include reminding the handler to take medicine, providing safety checks or room searches for persons with Post-traumatic Stress Disorder (PTSD), interrupting self-mutilation, and removing disoriented individuals from dangerous situations.

If a dog is used to "ground" a person with a psychiatric disorder, this qualifies as a service animal if the animal has been trained to:

  1. Recognize that a person is about to have a psychiatric episode
  2. Respond by nudging, barking or removing the person to a safe location until the episode subsides.

Note that dogs trained to provide aggressive protection (i.e., attack dogs) will NOT qualify as a service dog.

Also note: The ADA considers such “emotional support animals” to be distinct from psychiatric service dogs, and treats them differently. The ADA does not grant emotional support dog owners the same right of access to public places that it gives to individuals who use psychiatric service dogs. That means that under the ADA, a movie theater, for example, must allow psychiatric service dogs to accompany their owners into the movie auditorium but can refuse to admit individuals with emotional support dogs.

While the ADA governs the use of emotional support animals in public places, two other federal laws, the Air Carrier Access Act (ACAA) and Fair Housing Act (FHAct), govern the use of emotional service animals in housing or on commercial aircraft.

Other important highlights of the new law:

Dog must be under control of handler and show appropriate manners (housebroken, in control and unless prohibitive to function, on a harness, leash or other tether (Not a rope , string or chain)).

If an individual with a disability is asked to remove a service animal from the premises if the animal is neither housebroken or in control, the person with a disability must still be permitted to access the establishment's goods, services or accommodations without the animal being present.

Public accommodation is not responsible for the care or supervision of a service animal.

As to the nature or extent of a person's disability, the public may make 2 inquiries to determine whether the animal qualifies as a service animal (but expected not to if by observation it is obvious the dog is providing function):

  1. it may ask if the animal is required because of a disability
  2. what work or task the animal has been trained to perform.

The public may NOT require documentation, such as proof that the animal has been certified, trained or licensed as a service animal, however in most states it is required the animal be vested when in public places. Nor may a public accommodation require a person with a disability to pay a surcharge for a service animal, even if it applies such a surcharge for pets.

Note that these Federal Laws do NOT apply to landlords or airlines. These entities are governed by the Fair Housing Act and the Air Carrier Access Act, respectively.

Air Carrier Access Act:

If the service animal does not fit in the assigned location, you should relocate the passenger and the service animal to some other place in the cabin in the same class of service where the animal will fit under the seat in front of the passenger and not create an obstruction, such as the

bulkhead. If no single seat in the cabin will accommodate the animal and passenger without causing an obstruction, you may offer the option of purchasing a second seat, traveling on a later flight or having the service animal travel in the cargo hold. As indicated above, airlines may not charge passengers with disabilities for services required by part 382, including transporting their oversized service animals in the cargo compartment. (69 FR 64393)

The final rule limits use of psychiatric support animals to persons with a diagnosed mental or emotional disorder, and the rule permits carriers to insist on recent documentation from a licensed mental health professional to support the passenger’s desire to travel with such an animal.

In order to permit the assessment of the passenger’s documentation, the rule permits carriers to require 48 hours’ advance notice of a passenger’s wish to travel with an psychiatric support animal. Of course, like any service animal that a passenger wishes to bring into the cabin, an psychiatric support animal must be trained to behave properly in a public setting.

In sum, these new regulations give long-needed clarity to hotels, restaurants, retailers and other public accommodations regarding which animals must be allowed as service animals, and under what circumstances.

This important information should be on hand for anyone interested in keeping current on Federal regulations as they pertain to service dogs.

Federal Housing Act:

Service Animal Categorized

The Fair Housing Act does not define "service animal" per se, and does not make a distinction among certified service animals, non-certified animals, animals that provide psychological support, and service animals in training that live with the people with disabilities for whom they will work. The Act does not have restrictions about who may train the animal. However, the Act recognizes that service animals are necessary for the individuals with disabilities who have them, and as such does not categorize service animals as "pets." Service animals, then, cannot be subjected to "pet rules" that may be applied by housing providers to companion (non service) animals. Housing providers cannot, for example, impose upon service animals the size or weight restrictions of a pet rule, exclusions from areas where people are generally welcome, or access restrictions to only a particular door or elevator. Further, special tags, equipment, "certification" or special identification of service animals cannot be required. Judith Keeler, Director, U.S. Dept. of HUD, Northwest Alaska Area Fair, Housing Enforcement Center, states that it is HUD's position that no deposit may be charged for the service animal.

The Act does not specifically limit the number of service animals an individual with a disability may have. Requests for multiple service animals may be reviewed on a case-by-case basis. It is possible that housing providers may impose limitations if it can be demonstrated that an individual's request for reasonable accommodation exceeds what is necessary for that person to have full use and enjoyment of the premises.

Individuals with disabilities may request other reasonable accommodations regarding their service animals. For example, a person with a mobility impairment may find it difficult to walk a service dog. He and the landlord might work together to identify a mutually agreeable, and accessible, area of the property on which the dog can relieve itself.

Rights of Housing Providers

Individuals with disabilities are solely responsible for the conduct of their service animals, and housing providers may have recourse available if the tenant fails to satisfy this obligation. For example, a housing provider may require payment for damages (such as chewed carpeting), or insist that a service animal be prevented from repeated barking that disturbs neighbors. However, a housing provider may first be obligated to attempt resolution of the problem before eviction proceedings are initiated. Complaints about a service animal must be substantiated and not based on speculation.

Service animals that are a direct threat to others (biting, etc.) or otherwise violate animal control laws can be reported to the agency that enforces animal control laws. Often the agency is the animal control department, or the local police. Some local and state laws exempt service animals from some animal control laws (see Other Federal Laws, following).

Responding to Discriminatory Conduct

If an individual feels he or she is being discriminated against because of a disability, and efforts to resolve the matter through discussion with housing management fail, a complaint may be filed with the Secretary of Housing and Urban Development (HUD) within one year of the alleged discriminatory conduct. HUD provides complaint forms and instructions for filing a complaint.

In addition, if the resident's state or locality has laws pertaining to nondiscrimination in housing, a complaint may be sent to the agency that administers those laws (usually the state Human Rights Commission or office of the state attorney general). The deadlines for filing may be different than that of Fair Housing Act. Complaints are investigated by the enforcement agencies that administer the law(s) in question. If the complaints are found to have merit (a basis for complaint), the agencies will attempt resolution through conciliation (informal resolution, not a law suit). If these attempts fail, the case will proceed to an administrative hearing, or if requested by either party, will proceed to litigation (law suit) in federal district court. Private lawsuits may also be filed in federal court, at the individual's own expense, within 2 years following the discriminatory act.
In addition, there may be certain state and local laws that protect the rights of people with disabilities in housing. However, federal law will supercede any state or local law that is more restrictive and provides less protection for the individual with the disability.

Other Federal Laws

In addition to the Fair Housing Act, there are other federal laws which forbid discrimination based on disability.

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in all programs and activities that are either conducted by the federal government or receive federal financial assistance. The concept of reasonable accommodation in this Act served as the model for the Fair Housing Act.

HUD's "Pets in Elderly Housing" regulation, often referred to as the "Pet Rule," was enacted in 1986, revised in 1996 and again in 1999. It applies to federally assisted rental housing designated exclusively for residency by those 62 years of age or older or people with disabilities. It not only protects the rights of individuals with disabilities to have service animals, but also allows all residents of most federally funded housing to have pets (companion or nonservice animals). Landlords may have "reasonable" pet policies, which might include size restrictions, for these pets. One of the types of housing that this rule does not cover is Section 8 housing, which is covered by the Fair Housing Act. Section 8 housing has no requirements for landlords to permit pets (nonservice animals).

The Americans with Disability Act (ADA) prohibits state and local governments from discriminating against individuals with disabilities in places of public accommodation. The ADA covers certain types of nontraditional housing, such as temporary shelters.