Service Dogs For Sleep Apnea?

to me the service dog for apnea doesn't pass the smell test (pun intended). it's a bit like bringing a service dog because you might need to read something with your reading glasses. i just see it as somebody seeing how far they can bend the ada rules, which in turn probably tends to make other service dog usage seem equally silly to the uninformed/intolerant segment of the population. just my opinion.

Thanks JBF, you are totally right, and I agree, the requirements should be raised for every animal in service. Our laws here in Virginia, state a companion dog must have a CGC, in order to bring a dog in to a public schools for reading program. Also the law here states that, a dog must be under your control at all times while in public. There is no leash law, which means you better have his head in your hands at all times, because if he bites, you are S.O.L.

There is also a category of animals referred to as "comfort animals" and are indicated for, but not limited to, use in patients with psychological disorders such as anxiety, major depressive disorder, and the bipolar spectrum disorders. These comfort animals are not restricted to species such as dogs, but can be any animal whose presence serves to provide comfort, companionship, and/or symptom relief for these patients.

Comfort animals also do not need to have any certification or registration (apart from municipal laws regarding licensing of animals). Controversy over comfort animals tends to arise in landlord-tenant disputes. Under the Fair Housing Act, a landlord is not permitted to refuse housing nor charge additional rental fees or security deposits to tenants with comfort animals. A landlord is permitted to request a letter from the patient's prescribing doctor indicating the animal is a comfort animal and is necessary for the well-being of the patient. A landlord is also permitted to charge the tenant for damages to the property caused by the animal or file eviction proceedings against the tenant is the animal's presence constitutes a nuisance or danger to the other residents.

As for anyone's ability to exercise their rights, those rights are going to depend upon the jurisdiction of the location the ship is docked. When in international waters, the United Nations Convention on the Law of the Sea would likely be in effect, although I'm ignorant as to stipulations (if any) concerning service and/or comfort animals.

When it comes to situations like this, since none of us can truly know what’s in another person’s mind or heart, I think as compassionate individuals, we have to be willing to give people the benefit of the doubt in these situations. You or I may question what service a dog could provide to someone with sleep apnea, and I don’t deny that there is a certain amount of ridicule this situation may be due. However, life would probably be more pleasant for all the parties involved if the cruise organizers accomodated this passenger in the same way they would typically accomodate a passenger with a service dog. Overall, it would likely take less energy and result in less bad press than to argue over the issue.

portiemom wrote:... Our laws here in Virginia, state a companion dog must have a CGC, in order to bring a dog in to a public schools for reading program. Also the law here states that, a dog must be under your control at all times while in public. ...

If the dog is a Service Dog, due to federal law (as it is written), it does not require an AKC CGC. Though I agree, any Service Dog should be able to get an AKC CGC certification without any problem. But by federal law - even in (and especially in) public schools - no such requirement can exist. The ADA trumps any local or state regulation out there.

Now a companion dog and/or Therapy Dog for reading programs (not as a Service Dog) is another matter. They are not covered by the ADA, so the local and state laws do apply.

As a teen I helped my parents train our dogs (Siberian Huskies and Belgian Tervurens) to reach CD, CDX and UD titles in obedience. So, my knowledge of dog training is more than just a casual thing. Even so, though I am seriously considering training my current dog to be a service dog (for mobility assistance), I will work with a good trainer and a good program to be certain my dog is ready. Anyone who does not realize they need an objective eye in the process is fooling themselves. I will be certain my dog earns an AKC CGC, and at least an AKC Obedience CD, if not possibly some advanced obedience titles. And this training will be pretty much full time for the next two years before I would consider him not "In Training". And I won't put him into a "In Training" state until I have about one year of work invested in his training. He has to mature and master a LOT before he is really ready to be "In Training".

And as you note, any and all dog owners are responsible for their dogs. Any type of discipline problems or inappropriate reactions might result in someone else being hurt. Any dog owner must (and automatically does) accept that liability. But for a Service Dog the constant contact with others increases the risk of problems. Thus, you must be VERY certain they are ready. Abusing the title "Service Dog" does a horrible injustice to those teams that have put a lot into the effort to be ready to work in public.

So, even if it is a Service Dog .. if it is unruly, it can (and SHOULD) be expelled from a public facility. No Service Dog should ever have that type of problem. All the reputable programs - and any decent trainer - would wash out a dog that could not behave in a public setting. And some can not handle it. They would make perfect pets. They just simply would not have what it takes to be a Service Dog.

I call BS. In order to have a service dog, 2 criteria must be met. First, the individual must be disabled. Second, the dog must be trained in tasks to mitigate the individual's disability.

Now, anything is possible, but sleep apnea is generally not considered a disabling condition. It's treatable with CPAP and possibly medications like provigil. And even if one were to make the argument that sleep apnea is a disability because it interferes with a major life activity (technically, it does interfere with breathing and sleeping), treatment mitigates the "disability." So, if there's no disability, there's no need for a service dog because there's no disability to mitigate. You can train a dog to do all kinds of tasks, but if those tasks don't mitigate the handler's disability, they don't count.

Unfortunately, there is very little protection for business owners with regards to service dogs. They can ask if the person is disabled, and they can ask what tasks the dog is trained to do to mitigate the person's disability. If the person is able to convincingly answer those questions, the business owner is supposed to allow them access. The business owner can ask the person to remove the dog if it is disruptive or aggressive (barking, growling, running wild, snapping, etc.). This does present a dilemma for the cruise ship operator, in that it is difficult to ask a person to remove their disruptive dog in the middle of a cruise.

Emotional support animals (or comfort animals) also have specific requirements, and there's no legal requirement to allow them on cruise ships. One must have a psychiatric disability (not just a psychiatric diagnosis, but an actual disability). If one has a psychiatric disability that a mental health professional feels would be mitigated by an emotional support animal, then there are 2 allowances for that animal. First, the person may make a request to have the animal in "no pets" housing under the FHAA. Second, the person may make a request to have the animal with them on an airplane under the ACAA. Absolutely no legal provisions for hotels, cruise ships, or any other public access.

Therapy dogs are yet another classification, and have NO rights to public access. They are invited to various facilities with their handlers (libraries, nursing homes, hospitals) to provide therapy to others. But those handlers may not take their dogs anywhere they wish.

The best thing for the cruise line representative (or any business owner) to do would be to call the U.S. Department of Justice ADA information hotline for guidance.

You have got to be kidding.......this person is just like the op in another thread that figures he/she can cheat on a osa test. Some people will try anything, no bloody wonder medical insurance and medications are sky high. Some folks can't even afford to go to a doctor in the first place and then there are those that figure they can bend the system to their own choosing. What a joke!!!!!!!

Nan, I agree with you on that for sure. I was upset when I saw that post to the cruise director/brand ambassador for Carnival. I read these posts and wrote a personal email to him. I wanted to be sure he read it rather than it getting lost in the facebook posting. As for the other post about cheating a sleep test I was rather rude to that person but I feel strongly about it.

Laura

policebox wrote:There is also a category of animals referred to as "comfort animals" and are indicated for, but not limited to, use in patients with psychological disorders such as anxiety, major depressive disorder, and the bipolar spectrum disorders. These comfort animals are not restricted to species such as dogs, but can be any animal whose presence serves to provide comfort, companionship, and/or symptom relief for these patients.

Comfort animals also do not need to have any certification or registration (apart from municipal laws regarding licensing of animals). Controversy over comfort animals tends to arise in landlord-tenant disputes. Under the Fair Housing Act, a landlord is not permitted to refuse housing nor charge additional rental fees or security deposits to tenants with comfort animals. A landlord is permitted to request a letter from the patient's prescribing doctor indicating the animal is a comfort animal and is necessary for the well-being of the patient. A landlord is also permitted to charge the tenant for damages to the property caused by the animal or file eviction proceedings against the tenant is the animal's presence constitutes a nuisance or danger to the other residents.

Comfort animals are not IIRC protected under the ADA because the animals do not receive specialized training to perform a specific task. Comfort =/= service.

My favorite case in this area is the fellow who claimed his boa constrictor was a "service snake." However, what he was evicted from his Section 8 housing for was not the snake but his grow operation for his medical marijuana.

Here's a possible scenario:
If the ship's power is not completely reliable, the dog could summon help in case the cpap stopped working.
Or, doggy could run on a treadmill, charging up the DC power supply.

chunkyfrog wrote:Here's a possible scenario:
If the ship's power is not completely reliable, the dog could summon help in case the cpap stopped working.
Or, doggy could run on a treadmill, charging up the DC power supply.

ROFLMAO!!!

Laura

Thanks to everyone for all of the great and informative links!
And a big thanks to Gerald for the good laugh!

I have sleep apnea, use a CPAP. Also have a tiny Yorkshire Terrier who will frantically awake me by licking my mouth and nose when I stop breathing and am struggling if I have fallen asleep without the mask. He's not a "service" dog, but. I feel he has saved my life quite a few times.

Was recently on a cruise and noticed 2 people traveling with small dogs. I was curious and asked how/why. Both indicated they were "service" dogs. One couple had their dog in restaurant and other couple in the main theater. Not sure what type of service they could have been providing other than for comfort/anxiety?

adeschamps wrote:Was recently on a cruise and noticed 2 people traveling with small dogs. I was curious and asked how/why. Both indicated they were "service" dogs. One couple had their dog in restaurant and other couple in the main theater. Not sure what type of service they could have been providing other than for comfort/anxiety?

I think a lot of people are scamming the system with "psychological" service dogs, but alert dogs for seizure and some other conditions can definitely be valid. They probably don't need to be big for those conditions.

Wow, as one who has two disabilities which are invisible, once again, I am amazed how judgmental some of the posts are. Gosh, I would think on a support board for people with a medical condition, there would be more compassion but I guess not.

I hate abuses of the system just like anyone else but I am just struck that so many automatically assume that if someone has a service dog and there is no obvious reason for it, they must be abusing the system. Whatever happen to the concept of giving someone the benefit of the doubt?

49er

http://www.flsenate.gov/laws/statutes/2012/0413.08

Florida actually changed their laws. Before someone said they couldn't ask you the specifics about your animals. Florida has since given proprietors the right to question not only your dog, but which health need your dog satisfies and how he does it. Sounds like a HIPPA violation to me, but what do I know. People can lie just as easily to get their pets on board.