258.500 Definitions for section -- Persons with assistance dogs not to be denied

988 words·~4 min read·/ky/258-500

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

accommodations, transportation, or elevator service -- Conditions --

Exemption from licensing fees -- Denial of emergency medical treatment for

assistance dog prohibited -- Documentation may be requested in some

instances -- Handler liable for damages.

(1)As used in this section, unless the context requires otherwise:

(a)"Assistance dog" means a dog that has been individually trained to do work or

perform tasks for a person with disabilities and is considered a service animal

under the Americans with Disabilities Act, 42 U.S.C. sec. 12101 et seq.;

(b)"Emotional support animal" means a companion animal that may provide

support to alleviate the symptoms or effects of a person's disability, but the

animal has not been individually trained to do work or perform tasks for a

person with disabilities and is not considered a service animal under the

Americans with Disabilities Act, 42 U.S.C. sec. 12101 et seq.;

who has an ongoing therapeutic relationship with a health care provider

for the provision of care with at least one

(1)of the following health care

providers who maintains an active practice within the state:

a. A licensed clinical social worker who holds a valid, unrestricted

state license under KRS 335.100;

b. A professional clinical counselor or professional counselor

associate who holds a valid, unrestricted state license under KRS

335.525;

c. An advanced practice registered nurse who holds a valid,

unrestricted state license under KRS 314.042;

d. A psychologist who holds a valid, unrestricted state license under

KRS 319.050;

e. A licensed psychological practitioner who holds a valid,

unrestricted state license under KRS 319.053; or

f. A physician who holds a valid, unrestricted state license under

KRS 311.571.

2. "Person" also includes a trainer of an assistance dog; and

(d)"Therapeutic relationship with a health care provider" does not include

transactions for documentation of disability in exchange for a fee unless there

has been a face-to-face in-office consultation with the health care provider.

(2)If a person is accompanied by an assistance dog, neither the person nor the dog

shall be denied admittance to any hotel, motel, restaurant, or eating establishment,

nor shall the person be denied full and equal accommodations, facilities, and

privileges of all public places of amusement, theater, or resort when accompanied

by an assistance dog.

(3)Any person accompanied by an assistance dog shall be entitled to full and equal

accommodations on all public transportation if the dog does not occupy a seat in

any public conveyance nor endanger the public safety.

(4)No person shall be required to pay additional charges or fare for the transportation

of any accompanying assistance dog.

(5)No person accompanied by an assistance dog shall be denied admittance and use of

any public building nor denied the use of any elevator operated for public use.

(6)Any person accompanied by an assistance dog may keep the dog in his or her

immediate custody while a tenant in any apartment or building used as a public

lodging.

(7)All trainers accompanied by an assistance dog shall have in their personal

possession identification verifying that they are trainers of assistance dogs.

(8)The rights, privileges, and accommodations granted to a person under this section

shall not be enforceable if the person has not complied, at the time of seeking the

accommodation, with the legal requirements to:

(a)Tag and vaccinate the assistance dog pursuant to KRS 258.015;

(b)Leash, unless the person's disability otherwise requires, and control the

assistance dog at all times;

(c)Prevent the assistance dog from disrupting or fundamentally altering the

provision of goods or services offered by the establishment regardless of

whether the establishment is in a public place;

(d)Prevent the assistance dog from becoming a nuisance, urinating or defecating,

or running at large; and

(e)License the assistance dog pursuant to KRS 258.135.

(9)Assistance dogs are exempt from all state and local licensing fees.

(10)Licensing authorities shall accept that the dog for which the license is sought is an

assistance dog if the person requesting the license is a person with a disability or the

trainer of the dog.

(11)Emergency medical treatment shall not be denied to an assistance dog assigned to a

person regardless of the person's ability to pay prior to treatment.

(12)No person shall willfully or maliciously interfere with an assistance dog or the dog's

user.

(13)It shall not be a violation of this section for an establishment to:

(a)Ask if the dog is an assistance dog and what tasks the dog performs for the

person making the request to be accompanied by an assistance dog;

(b)Maintain a general no pets policy if the policy is not used to exclude

assistance dogs; or

(c)Refuse admittance of an assistance dog if admittance jeopardizes the health

and safety of others.

(14)Any establishment under subsection

(6)of this section that would admit an animal

under tenancy may request documentation if the disability or disability-related need

is not readily apparent. Documentation shall be from a health care provider listed in

subsection (1)(c)1.a. to f. of this section with whom the person requesting an

assistance dog has an ongoing therapeutic relationship. Documentation shall

identify the work or tasks that the assistance animal performs for the person that are

directly related to that person's disability or therapeutic needs.

(15)The handler of an assistance dog shall be liable for damage caused by the assistance

dog.

(16)Nothing in this section shall be construed to require the admittance of an emotional

support animal in establishments where assistance dogs are required to be admitted,

except with regard to the establishments described in subsection

(6)of this section,

in which case the requirements of KRS 383.085 shall apply. Nothing in this section

shall be construed to extend any other rights, privileges, or exemptions afforded to

assistance dogs to emotional support animals.