Introduction
Prior to the enactment of this bill, some people barred the disabled from accessing public facilities. This discriminated against people with disabilities, especially those with service animals. This bill was aimed at ensuring that people with disabilities enjoyed same rights as those without disabilities. It was also meant to prohibit false presentation of service animals.
Definition
Assistance animals
Assistance animals are those animals, which are specially trained to assist a person with disability. To qualify, the animal must not be a pet or emotional support animal. Additionally, it must be trained to give assistance to a person with disability. The animal can be either a dog or a miniature horse.
Emotional Support Animal
Emotional support animal is also known as a comfort animal. This animal is defined as one that accompanies a person with disability whenever required for comfort. Moreover, the animal must not do tasks aimed at assisting the person with disability. Moreover, it should not accompany the individual with disability at all times.
Therapy animals
Therapy animals, like emotional comfort animals, accompany a disabled person whenever required. However, they are not to do tasks that benefit the disabled person. Moreover, they are not to accompany the disabled individual at all times. In essence, they are only used when required for therapy purposes.
Service Animals
Service animals refer to all animals that have been trained or are being trained to assist a person with disability. Service animals can be a dog or a miniature horse. In essence, they are animals that can provide beneficial services to a person with disability. That is, they exclude comfort or emotional support or therapy animals (Rodriguez, 2013).
Candidates and selection of Service Animals (in New Mexico)
Breeds, ages and other specifications for service animals are usually managed carefully to avoid hazards, which may be caused, by the animal or the disabled person. Breeds of dogs utilized for service include German shepherd. Additionally, others include retrievers, among others. The dog must also pass aptitude test. In addition, it must be 12 months old or more. The dog must also be healthy with clean teeth.
Miniature breeds consider for service to disabled persons include Rottweiler and Chihuahuas, among others. The horses must be examined thoroughly for certification. They should be at most 26 inches high and in good health. However, the minimum age depends on size and ability to pass the certifications.
For animals to be used for service to disabled persons they must prove that they cannot harm people or give wrong directions. Additionally, their size and health must be within the required levels. In this regard, only dogs and miniature horses have proved consistency in achieving this (Drum, Krahn & Bersani, 2009).
Qualifying and Qualifications of Service Animals
Training requirements
Qualified service animals must undergo aptitude test to determine their suitability. According to ADA, service animals must be trained individually to assist a disabled person. Moreover, the service animal must be trained to behave in an acceptable manner especially in public places (ADA, 2011).
Selection of candidates of service animals
Service animals that can be selected to assist persons with disability must be either a dog or a miniature horse. In addition, the candidates for selection must pass the aptitude and be certified to be allowed to assist persons with disability.
Qualifications requirements
Service animals must qualify to assist persons with disability. In this regard, service animals that meet the following qualifications require certification to assist persons with disability. First, they must be well behaved, follow command, be healthy, remain in heel position when approaching structures, and be trained to assist a disabled person. The service animal must also undergo aptitude test to determine its suitability.
Recertification requirements
Service animals should be monitored for compliance with certification guidelines. Moreover, service animals must be taken periodically for recertification to achieve success in assisting disabled persons. Service animals taken for recertification must meet the requirements for qualification requirements.
Types of Disability that requires the use of service animals
Disabilities that require use of service animals include partial blind persons, visually impaired persons, and totally blind persons. Additionally, people with other disabilities such as Parkinson’s disease can also use service animals. Other disabilities that would require assistance of service animals include the deaf, hard of hearing as well as physically disabled (mobility impaired) people who may need miniature horses to pull their wheel chairs (Disabled World, 2013).
Admittance and Limitations of Service Animals
Public and private places
Service animals are to be allowed into all public places without payment of additional charges if the animal is accompanied by it trainer or the disabled person. Admittance to all public places must be allowed to persons with disability when accompanied by service animals. This should also be extended to areas where employees of public places have access (even if the area is closed to the public). However, the owner must have ability to command his /her service animal. Moreover, the person with the animal shall be liable for any damage caused by the animal. However, service animals shall not be allowed to access private property without permission from the management of the building.
Accommodations of Service Animal in Emergencies
Responsible parties
During emergencies, accommodation should be provided to service animals until they are reunited with their trainer or their owners. This can also happen when the trainer or the owner is to be transported in an emergency such as an accident or evacuation. In all cases, all should be done to reunite service animals with their owners or trainers.
Death of Owner
When the owner of a service animal dies, effort should be made to reunite the service animal with its trainer. In case the trainer is unavailable, the service animal should be under control of a qualified trainer.
Threats
When service animals becomes a threat to the public
When a service animal turns violent through observable signs like growling and barking or showing of teeth then the service animal may be refused admittance to public buildings until it is under the control of its owner or trainer. Nonetheless, the owner of the service animal should not be refused services or goods without the violent service animals. In case the service animal is out of control, all should be done to control it by a qualified trainer. Additionally, the owner is liable for any damage caused to the public.
When other animals becomes a threat to the service animal and owner
When other animals become a threat to service animal and its owner, efforts should be made to secure the safety of the person with disability. After which safety should be made to the service animal. Additionally, efforts should be made to reunite the owner and the service animal in case of emergency evacuation to avert threat from other animals.
False presentation of Animals as Qualified Service Animal
What and why
False presentation of animals as qualified service animals occurs when an individual enjoys the services of non-qualified service animal. This may involve use of animals that have not undergone certification or animals whose certification has expired. In each case, the user is guilty of misdemeanor.
Problems with false presentation
False presentation can lead to accidents because the animal may not be intelligent enough to provide service to its owner. In addition, there is high chance that the animal would not be under complete control of its owner. Additionally, false presentation would allow anyone to come with any animal as a service animal if not regulated.
Policy Making Cycles
This bill was introduced and passed to ensure that assistance animals are renamed with the view of prescribing both criminal and civil penalties on breaches of service animal act. This was done to avert the possibility of an individual presenting (with full knowledge of action) non-qualified animal as a service animal.
Factors influencing policy
This bill impacted use of service animals in a big way. For instance, not every animal could be presented as service animal. Moreover, certification was to be sought before presenting an animal as service animal. Additionally, discrimination of persons with disability when accompanied with service animals in public places was reduced.
Problems for SB320’s amendment of the law regarding service animals
Initial passing of the bill was found to contain issues that obstructed its smooth implementation. For instance, there was controversy on the definition of service animals, certification requirements as well as the rise in new breeds and animals usable as service assistance to persons with disability.
Problems
Non-qualified animals as service dogs causes what problems
Non- qualified animals can cause issues ranging from disobedience to chaos in public places. Moreover, they may not be intelligent enough to perform the tasks required of them by persons with disability. Additionally, they may be difficult to control, train and qualify for the tasked prescribed for them. They may also be too strong or too big to offer the services required. Furthermore, they may be too small or too big to provide the required tasks (Michigan State University College of Law, 2013).
Regulations put in place – why
In this regard, regulations have been put in place to ensure that only the right animal is trained to be a service animal. Moreover, these regulations are to help safeguard the safety of both the public and persons with disability. Additionally, they are in place to assist in serving both the disabled and the public fairly. This is to ensure equal rights are served to both sides.
Other problems on people trying to have non-qualified animals pass as service animals
Other problems include abuse of animals and animal safety. For instance, some people may abuse animals through use in areas they cannot manage adequately. When considering the qualifications for animals to provide services, the regulators also consider the safety of animals whenever they provide such tasks. Therefore, using non-qualified animals may expose unhealthy or weak animals to hazardous situations (GCD, 2011).
Conclusion
Service animal act was introduced by Nancy Rodriguez to help provide for qualified service animals as well as to prohibit presentation (with full knowledge) of non-qualified service animals. Additionally, it was introduce to prescribe penalties for breaches to the act. On a broad perspective, the bill was meant to minimize discrimination against persons with disability who own service animals in public places as long as they are in control of the animals.
References
ADA (2011). Service Animals. Web.
Disabled World (2013). Information on Disability Service Animals for Blind and Persons with Disabilities. Web.
Drum, C., Krahn, G., & Bersani, H. (2009). Disability and Public Health. Washington, DC: American Public Health Association. Print.
GCD (2011). Disability Law: Americans with Disabilities Act (ADA). Web.
Michigan State University College of Law (2013). New Mexico: Consolidated Assistance Animal/Guide Dog Laws. Web.
Rodriguez, N. (2013). 51st Legislature- State of New Mexico- First session. Web.