# Is the Word *Certified* Important?



## ILGHAUS (Nov 25, 2002)

This thread follows somewhat along with some of the posts in another thread dealing with proof or documentation of if a dog is a Certified Service Dog.

A press release that I recently received from the State of FL, Division of Emergency Management mentioned *Certified Service Dogs* are allowed into emergency shelters. 

I am now in the process of sending out emails and making phone calls to explain that was an incorrect statement to have made. Certification per Federal Law is not required in the U.S. It is also not required per FL State Law.

Requesting or demanding such paperwork is in itself against the law. The word *Certified* is in fact a big deal to many. Many of us feel strongly enough on this that we (Assistance Dog Advisory Project along with other individuals in the SD community) are also in the beginning stages of trying to get bills introduced into several states' making it illegal to sell certification of sight unseen dogs or passing of unsuitable SDs by placing certain legal requirements on those individuals, organizations, or businesses that certify Service Dogs. 

Part of the email that I have already sent to various emergency organizations is the following:

A point of clarification on a Press Release of May 26 from the State of FL, Division of Emergency Management.
http://www.floridadisaster.org/eoc/PressReleases/Pet%20Preparedness%20Press%20Release%205%2026%202011.pdf

*Quote:*
*Certified service animals for persons with disabilities are exempt from any restrictions at emergency shelters and lodging facilities*.

The term *Certified* in this context is incorrect and articles, emails, or Press Releases using this term may lead to confusion at emergency shelters or during needed evacuations. In this press release the word *certified* should not have been used in making this sentence.

I then went on to quote Fed and State Law with links to original sources. 

Certification is not only not required by U.S. Law but there are no official certifying agencies at either the Federal or State Levels. 

So the use of the word *Certified* may not seem important to some but it is to those who show up at a shelter or possible evacuation and are asked to show their papers/tag/certification ID.


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## Lin (Jul 3, 2007)

:thumbup:


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## codmaster (Aug 5, 2009)

How are folks at an emergency center supposed to distinguish between a legitiment service dog (whatever that means!!) and someone just bringing their family pet into the shelter and claiming it is a service dog?

Seems like those folks are between a rock and a hard place to me (who admitedly does not know anything about it).


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## Lin (Jul 3, 2007)

By being educated about the law and knowing what you can and cannot ask, and knowing what the proper responses should be. By federal law you cannot ask for certification or require it. If a specific state requires it, that's different. However Florida where this is happening doesn't. And if the specific state doesn't have laws, then it falls under the federal laws. 

Its really best for those in this type of situation to know the laws. Which is part of the purpose of the Assistance Dog Advocacy Project, we educate others. This enables them to protect themselves against fakers as well as make things go more smoothly for legitimate SDs.


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## GSD_Xander (Nov 27, 2010)

I just want to make sure I understand...

There are no agencies that certify whether a dog is or is not a service dog...is that right?

A service dog, however, does often need extensive training...true?

Maybe a better way that people should be wording it is instead of "certified service dog" say "trained service dog". 

IDK


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## Lin (Jul 3, 2007)

There are no federal agencies that certify service dogs. There are individual organizations that certify their service dogs, but it just means they passed the requirements at THAT organization and doesn't mean the dogs meet federal guidelines. There are also scam organizations that you can sign a paper saying your dog meets the federal guidelines, pay a fee, and receive a certificate to certify your dog is a service dog. Thats what we want to stop, force any organization that certifies the dog to stand behind that certification. 

The federal laws were set up this way to allow the maximum benefits and protection to the person with a disability, allowing for owner or privately trained SDs. Correct, they need extensive training in obedience, public access, and service tasks. Referring to them as trained service dogs is much better  Darn pesky wording and semantics, but it really makes a big difference here! Many places thing its ok to ask for certification, and then people with valid SDs can end up turned away from businesses and restaurants.


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## codmaster (Aug 5, 2009)

It seems that if there ARE NO certification requirements, or any "official" certification organization that is capable of certifying (even with no requirements) a dog as a "service dog"; then how is anyone, esp. a business owner supposed to know who with what "service dog" is allowed to come into the organization?



And even more so, is there anything to stop me from just "training" my own GSD to assist me and just declaring him to be a "service dog"?

No, I am not thinking of doing that but I am curious as to what if anything is there in this law to stop anyone from doing so?


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## codmaster (Aug 5, 2009)

I guess that it really doesn't matter since the creators of this law decided that no one could ask anything about the "service dog" anyway. Or perhaps I have misunderstood what I have heard and read about this law perhaps?


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## ILGHAUS (Nov 25, 2002)

> I guess that it really doesn't matter since the creators of this law decided that no one could ask anything about the "service dog" anyway


They can ask 
1) Are you disabled
2) Is your dog trained to mitigate your disability

http://www.ada.gov/svcanimb.htm

Remember a handler can be taken to court where they will have to prove to a judge that they are "legally" disabled and that their dog has been trained and is needed for their disability.

Part of education includes working with business owners and telling them what their rights are.


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## codmaster (Aug 5, 2009)

ILGHAUS said:


> *They can ask *
> *1) Are you disabled*
> *2) Is your dog trained to mitigate your disability*
> ADA Business Brief: Service Animals
> Remember a handler can be taken to court where they will have to prove to a judge that they are "legally" disabled and that their dog has been trained and is needed for their disability.Part of education includes working with business owners and telling them what their rights are.


Thanks, I was not aware of the above. Who can take the handler to court? The govt. or does the business owner have to do it.


How would a person prove they are disabled? I assume with a Dr. statment. But then how would the owner prove that the dog has been trained to mitigate their disability, esp. when the dog can be trained by the owner?

Esp., with the case that was on this site where the dog climbed on the boy and used a device to help with a seisure (I think!). Since the dog wouldn't do anything unless he sensed a seisure, would he?

Thanks!


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## ILGHAUS (Nov 25, 2002)

> But then how would the owner prove that the dog has been trained to mitigate their disability, esp. when the dog can be trained by the owner?


Owner Trainers are encouraged to keep documentation for this purpose among others since a judge can ask for proof. 

Some types of documentation:
Vet statement that the dog is in their opinion suitable for the type of work required.
Health Certs - OFA, etc.
Obedience classes attended.
Temperament Tests Cert.
Training logs showing # of hours for each task, public access work.
PAT - Public Access Test by an organization or individual
CGC evaluations - Obedience Certs 
Videos of dog in training
Videos of dog working

The behavior of the dog

*Demonstrating to the Judge the trained tasks.* These must be done by command and it is on the handler to convice the judge that these tasks are needed for their disability.


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## Chicagocanine (Aug 7, 2008)

ILGHAUS said:


> *Demonstrating to the Judge the trained tasks.* These must be done by command and it is on the handler to convice the judge that these tasks are needed for their disability.


What about dogs who don't do tasks? I read that the ADA says "tasks or work" so they might not actually do trained tasks?


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## ILGHAUS (Nov 25, 2002)

> I read that the ADA says "tasks or work" so they might not actually do trained tasks?


Work is tasks. A SD may pick up an item, bring a phone, alert to a sound which are all trained tasks.

A Guide Dog while *working* with its handler leads the person down a safe path, watches out for holes or items in their way, determines if an overhanging branch is high enough to safely go under. Work can be broken down into various tasks to train but as complete it is work.

A dog pulling a wheelchair must walk in particular manner, a certain speed, stop at curbs, not loose focus or decide to run after a cat. Each section could be considered a part of work.

Think of a task as one particular thing the dogs does while work is a set of intertwined specific behaviors. 

The general statements in the laws are because a SD is individually trained for its handler and must mitigate that particular person's disability.


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## Chicagocanine (Aug 7, 2008)

Actually from what I read, the definition of "work" is even broader than that.


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