Whether you’re a dog person or a cat person, there’s no denying the special role of animals that help us live with our disabilities. From blindness to psychological support, our furry friends have shown us time and time again that they have an impressive ability to guide us through life — figuratively or literally.

It’s well-documented that animals can help us improve our mental health, so it shouldn’t be surprising that many people want a “pet” for this purpose. But it’s the twenty-first century — there are plenty of hoops to jump through and regulations to comply with before you can qualify and verify your animal.

One of the confusions you’re likely to encounter is the difference between a psychiatric service animal (PSA) and an emotional support animal (ESA). The two titles might sound similar, but they have vastly different rights, roles, and regulations. We’ll cover all that and more below.

Before we get into the finer details of what makes these two animal classifications so different, let’s make sure we’re all on the same page about what ESAs and PSAs actually are.

A psychiatric service animal is an animal trained to help people with a vast array of mental illnesses or learning disabilities. Like service dogs for the blind or people with physical disabilities, they’re trained to help their owners carry out everyday tasks. As we’ll soon see, they also have similar rights to these service dogs.

An emotional support animal gives emotional and therapeutic support to its owners, helping them to live with emotional distress, anxiety, and a range of mental health conditions. These animals don’t need to perform any specific function or tasks other than providing comfort and a therapeutic benefit.

After reading the two descriptions above, you might be thinking that ESA and PSAs sound pretty similar. It’s true that they’re both used to help with mental health conditions — but there are some key differences.

Hopefully, you can already see the principal differences between the two types of animals. While psychiatric service animals help their owners with specific tasks, an emotional support animal’s role is less clear-cut.

This gives a brief insight into how the categories differ, but there are also some far more precise distinctions.

The American Psychological Association (APA) identifies five main differences between ESAs and PSAs:

1. Purpose: What the animal’s responsibilities and roles revolve around.

2. Legal protection: How the law classifies the animals and what rights it grants them and their owners.

3. Public access: Where owners have a legal right to take their animals.

4. Training: How animals can qualify as each type and what training they must undergo.

5. Species: The species that can legally be classified as each category.

We’ll examine each aspect in detail before going on to answer some further questions.

Purpose

So far, we’ve touched on the slightly different responsibilities and functions of psychiatric service animals and emotional support animals. Now, it’s time to look at the specific tasks and activities that both types of animals are typically expected to perform.

Psychiatric Service Animals

Psychiatric Service Animals (PSAs) are trained for a wide array of tasks tailored to individual needs. Commonly, they perform safety checks for those with PTSD, search rooms for hyper-vigilant individuals, and react to specific sounds or alarms. They aid their owners in navigating public spaces, providing orientation in crowds, and offering balance or security in stressful situations.

These animals play a crucial role during crises, such as retrieving medications or interrupting harmful behaviors. They also assist with everyday routines like waking up and maintaining healthy habits. While they do offer comfort and therapeutic support, akin to Emotional Support Animals, this is not their primary function; their main role is to assist with specific mental health-related tasks.

Emotional Support Animals

Emotional support animals primarily offer comfort and therapeutic benefits to their owners, without the specific task-oriented roles or treatment plans often associated with other types of assistance animals. The nature of emotional support is subjective and varies from owner to owner, meaning there is no standardized plan or specific set of tasks that these animals are required to perform.

Given the distinct differences in the roles and functions of Emotional Support Animals (ESAs) and Psychiatric Service Animals (PSAs), it follows that they are afforded different rights and recognitions under the law.

Legal Protection

The terms "Emotional Support Animal" and "Psychiatric Service Animal" are not to be used lightly; they are distinct legal classifications with specific implications. We will delve into the details of how to qualify for each type later on. For now, let's briefly examine the key laws that govern these types of animals.

Americans With Disabilities Act

The Americans with Disabilities Act (ADA) encompasses psychiatric service animals, granting them exemptions from numerous restrictions that apply to other animals and pets. This is crucial for the safety of their owners, as the absence of a psychiatric service animal could pose a risk to their well-being.

Under the ADA, wherever the general public is permitted, the law mandates that psychiatric service animals must also be allowed. This requirement applies to all levels of government, businesses, and organizations, ensuring that these animals can accompany their owners in public spaces.

However, Emotional Support Animals (ESAs) are not included under the ADA. As a result, they do not enjoy the same breadth of rights and may be restricted from accessing certain public areas.

Fair Housing Act

The Fair Housing Act stands as a crucial piece of legislation, ensuring that owners of both Psychiatric Service Animals (PSAs) and Emotional Support Animals (ESAs) have the right to live with their animals in residences, even those with a "no pets" policy. This extends beyond the mere presence of these animals in the home. Owners are safeguarded from incurring extra costs, such as fees or deposits, due to their animals. The accommodation of a PSA or ESA under this act is recognized as a right, rather than a mere privilege.

Furthermore, the scope of this law is broad, encompassing not only long-term rental situations but also certain temporary living arrangements, including college dormitories. This ensures that individuals reliant on PSAs or ESAs can maintain the necessary support of their animals in a variety of residential settings..

Differences Between States

The safeguards provided by the aforementioned federal acts represent just the foundational level of protection. Several states extend these protections further. For example, Rhode Island's application of the ADA includes not only service animal owners but also their trainers.

Importantly, even in states where psychiatric service animals may not be explicitly protected by state law, federal laws take precedence. As a result, owners and their service animals retain their protections under these overarching federal statutes.

Public Access

As we’ve seen, psychiatric service animals and emotional support animals are covered by different laws, their owners are allowed to take them to different places. Let’s take a more detailed look at where exactly ESAs and PSAs are allowed to go.

Airplanes

Psychiatric service animals differ from regular pets in that they are permitted to accompany their owners in the cabin during flights, as mandated by the Air Carrier Access Act (ACAA). This act requires commercial airlines to allow service animals on board.

Until January 11, 2021, emotional support animals also enjoyed this privilege, but recent changes by the Department of Transportation now restrict this right exclusively to psychiatric service animals.

The rules, however, are somewhat nuanced. Owners aren’t required to prove their animal's service status but must sign a document agreeing to certain conditions, such as vaccination, raising concerns about potential system abuse.

Additionally, airlines have the discretion to impose further restrictions. Some may demand a signed certification for psychiatric service animals, affirming their training and behavior.

It's important to note that regulations can vary internationally, so travelers using non-American airlines or journeying between countries should be aware of differing legislations regarding service animals.

Other Types of Transportation

Under the Americans with Disabilities Act (ADA), psychiatric service animals are entitled to accompany their owners on various modes of transportation, including taxis, trains, buses, and virtually any other form of public transit.

The situation with emotional support animals is less clear-cut. While the law does not explicitly require their allowance on transportation, it's often the case that they are permitted. Even non-ESA pets are commonly allowed to travel with their owners on several types of public transport.

Open Spaces

The regulations concerning access to public spaces are equally inclusive for psychiatric service animals. Owners of these animals are entitled to bring them into a variety of public areas, irrespective of any "no pet" policies. This includes places like beaches, university campuses, parks, libraries, and other publicly owned spaces.

Emotional support animals, however, do not have the same level of access to these public spaces.

Bars, Restaurants, and Stores

While typically animals are not permitted in stores, cafes, restaurants, and similar establishments, this restriction does not apply to Psychiatric Service Animals (PSAs), thanks to the protections afforded by the Americans with Disabilities Act (ADA).

However, there is no specific legal mandate that requires restaurants, bars, and stores to allow (ESAs) emotional support animals on their premises. This decision is left to the discretion of the business owner. It's advisable to contact the establishment in advance to discuss the presence of an emotional support animal.

It's important to note, though, that even with legal rights, PSAs may still face challenges in accessing these places. Situations such as aggressive behavior or encounters with uninformed staff can lead to PSAs being denied entry or asked to leave.

The Workplace

The Americans with Disabilities Act (ADA) does not explicitly mandate the presence of psychiatric service animals in the workplace. However, it does require employers to provide "reasonable accommodations" for employees with disabilities, which often includes permitting a service animal that assists with the employee's disability.

Under this same principle, there are situations where emotional support animals could also be accommodated in the workplace, depending on the specific circumstances and the individual's condition. It is crucial, however, to request such an accommodation in advance, rather than bringing the animal to the workplace unexpectedly.

There are certain professions where the presence of service or emotional support animals may not be feasible. Employers have the right to refuse an animal if its presence constitutes an "undue hardship" or poses safety risks. This could be relevant in roles such as firefighting or surgery, where the animal's presence might endanger others. Nonetheless, any refusal must be backed by a reasonable and justifiable explanation.

Education

Under the Individuals with Disabilities Education Act (IDEA), there are specific laws that ensure students have the right to bring psychiatric service dogs into their educational institutions.

This legal provision supports students in accessing the educational support they need in conjunction with their service animals.

However, the regulations can be quite intricate, so it's advisable for students or their guardians to have a detailed discussion with the educational institution beforehand to understand how these laws apply in their specific situation.

While Emotional Support Animals (ESAs) are not directly included under these laws, many educational institutions are open to making accommodations for them. Each case may be handled differently, so it’s important to communicate with the institution to explore possible provisions for ESAs.

Training

Psychiatric service animals, specifically trained to assist their owners in daily activities and respond in critical situations like preventing harmful behaviors or assisting during panic attacks, are crucial for their owners' wellbeing. They require rigorous training to ensure reliability and obedience, as their role is integral and they must not engage in wandering or misbehavior.

While Emotional Support Animals (ESAs) do not need specialized training for legal recognition, they should be calm and well-behaved to provide effective support and comfort. Aggression or poor behavior in ESAs can lead to denial of access in housing and public areas.

The training of psychiatric service dogs is comprehensive, often spanning one to two years, and is specifically tailored to the individual requirements of the owner. Though there is an option for off-site training, owner involvement is generally recommended to foster a strong bond between the animal and its owner. Additionally, some dogs are trained as PSAs through online courses, allowing them to remain with and support their owners throughout the training period, enhancing the mutual support and connection essential for their role.

Species

Under the Americans with Disabilities Act (ADA), service animals are specifically defined as dogs that are individually trained to perform tasks or do work for individuals with disabilities.

These tasks include a wide range of functions, such as guiding people who are blind, alerting individuals who are deaf, pulling a wheelchair, alerting and protecting someone during a seizure, reminding a person with mental illness to take prescribed medications, and calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, among others.

It's important to note that service animals are considered working animals, not pets, and the tasks they perform must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

However, this definition under the ADA does not impact or restrict the broader definition of “assistance animal” as recognized under the Fair Housing Act, nor does it limit the definition of “service animal” under the Air Carrier Access Act.

Additionally, some State and local laws have a broader definition of what constitutes a service animal compared to the ADA. For more specific information regarding these variations, one can consult the office of the State attorney general.

Now that the key distinctions between support and service animals have been outlined, you might be curious about who exactly is eligible for each type of animal..

Psychiatric Animals

Psychiatric service animals are designated for individuals who rely on an animal to assist with specific life tasks or activities. Under the American with Disabilities Act, eligibility for a psychiatric service animal requires a mental disability, defined as a "mental or psychological disorder," "emotional or mental illness," or certain specific learning disabilities.

There isn't a definitive list of qualifying conditions, but commonly recognized disabilities for psychiatric service animals include:

Autism

Bipolar disorder

Obsessive-compulsive disorder (OCD)

Phobias

Post-traumatic stress disorder (PTSD)

Having one of these conditions alone does not automatically qualify an individual for a psychiatric service animal. The owner must demonstrate that the animal assists them with specific tasks they are unable to perform independently. If the primary role of the animal is companionship, then it is categorized as an emotional support animal, regardless of the owner's condition.

Emotional Support Animals

While obtaining an Emotional Support Animal (ESA) is generally more straightforward than acquiring a psychiatric service animal, it's not as simple as self-declaring your pet as an ESA.

Instead, you are required to obtain an official letter from a licensed mental health professional. This letter should state that you have a disability and that a support animal can help alleviate the symptoms or effects of that disability.

The following conditions can qualify:

• Anxiety

• Depression

• Mood disorders

• Personality disorders

• Phobias

• Post-traumatic stress disorder (PTSD)

• Social anxiety disorder

• Stress

The eligibility for both psychiatric service animals and emotional support animals can sometimes overlap, as seen in cases like anxiety disorders. The determining factor often comes down to how the owner uses the animal.

However, the relative ease of acquiring an emotional support animal has led to instances of system abuse, with a reported increase in “fake emotional support animals.” This issue has been exacerbated by the emergence of dubious online services, where self-proclaimed “psychologists” offer fraudulent letters for ESAs.

This misuse has prompted stricter regulations, particularly in air travel, where emotional support animals are no longer allowed to travel for free in cabin with their owners.

The backlash has even impacted service animals, leading to greater restrictions in some cases due to negative perceptions fueled by this misuse. Additionally, the situation is further complicated by other medical professionals, like dentists and chiropractors, who are not qualified to diagnose mental health conditions, yet have started selling ESA letters online.

You might also have come across the term “therapy dogs” or “therapy animals.” Given that emotional support animals provide therapeutic services, they’re often confused with therapy dogs, but the two categories of animals are actually very different.

Emotional support animals are only licensed to support one specific person’s needs, so they shouldn’t be used to provide comfort to a group of people.

In contrast, therapy animals are trained expressly for this purpose. They’re used for larger groups in scenarios like hospices, retirement homes, schools, and hospitals to provide comfort to everyone.

To become a therapy dog, an animal must be certified and registered by a therapy dog organization.