Doctors Can Be Wrong About Emotional Support Animals

A physician hates to be wrong. But he hates even more to admit to his patient that he’s wrong. This past week, a patient asked me about getting an ESA […]

Doctors Can Be Wrong About Emotional Support Animals
Image courtesy of Jeffrey Greenberg/Education Images/Universal Images Group, accessed via Getty Images
The Joyful Doctor

A physician hates to be wrong. But he hates even more to admit to his patient that he’s wrong.

This past week, a patient asked me about getting an ESA (emotional support animal). I explained that he may not be able to do so as a renter. Many landlords include a “no pet” clause. “You can’t just present your dog as an ESA.” “The pet needs to be specially trained.” “You can’t have a pitbull as an ESA.” “You will have to pay additional rent for the pet if allowed.” Jokingly, I said, “And of course, you could not have a pet snake as your ESA.”

A week passed, and I thought more about the ESA. I did what I should have done when the patient brought it up: I researched the subject. I was wrong on every point.

Apparently, more research has been conducted, and new legislation has been passed about ESAs. I have to admit I was wrong about everything I told the patient. An ESA is helpful in improving people’s health and well-being.

I saw an actor being interviewed on Kelly and Mark. During the interview, the actor held the cutest dog, who was enjoying being petted. There was no mention that the dog was an ESA. I thought that an emotional support animal required special training. I learned this is not correct.

Service dogs, like those used by people who are blind, require special training for their role in protecting and assisting their owners. The process for an ESA begins with your health care professional providing an ESA letter stating that your health and well-being will be positively affected by having an ESA; however, not everyone is eligible to have a health professional provide an ESA letter.

Most people who receive an emotional support animal require a diagnosis with a medical disorder, e.g., seizure disorder, depression, bipolar disorder, anxiety, post-traumatic stress disorder, or autism. If a person has an eligible diagnosis, their health provider would write a letter on their letterhead, including their name and medical license number, the patient’s name, and a statement that the patient has a condition that would benefit from having an ESA.

As a landlord, I also got it wrong. I thought that places that do not permit animals would automatically exclude an ESA. If you rent housing, patients cannot be discriminated against because of a disability or condition that would benefit from having an emotional support animal.

Recent laws have been enacted to protect persons seeking emotional support animals. Landlords are not supposed to charge a pet rent fee from the tenant having an emotional support animal. A pet deposit and monthly additional fee are not required; however, the tenant risks violating their lease if their emotional support animal creates an unsafe environment that would negatively affect the tenant or other tenants living on the property. The landlord risks being cited for violating the law by discriminating against the tenant with a disability.

This is a little different from the rules that apply to service animals. For example, a person who is blind or deaf may have an animal that requires special training to be of help.

The information I provided was incorrect. I will need to provide the patient an ESA letter indicating they are a candidate for having an emotional support animal. I contacted all of the physicians in my circle. I also contacted the landlords who rent property. I wanted to make sure that physicians and property owners are not subject to citations for failing to comply with current laws designed to protect and enhance the well-being of persons with disabilities.

There are people who are utilizing substances that are either illegal or potentially harmful as a way to achieve a level of comfort and well-being. If petting an animal—a non-medical approach—would be beneficial, this is certainly a desired goal. Lastly, a snake is considered an animal because it has a backbone.

I hope you find this information beneficial.  Share it with others. This makes me joyful when I’m able to provide information that brings you joy.

Let me know if you have questions I have not covered.  Contact, The Joyful Doctor, Janine James, M.D. by calling or texting me at (414)581-1569; email, perinatalcenter@aol.com, or http://www.communityjournal.net.