Welcome to Service Dog Laws Kansas
Service dog laws in Kansas require that a specially trained service dog (sometimes called an assistance dog, especially in housing) be allowed to accompany a person with a disability to all public accommodations and public carriers, with a few exceptions. There are multiple laws that govern the use of these special animals.
In this detailed guide, we’ll go through some of the most common questions about service dogs in the state of Kansas. This includes where they are allowed in public, housing information, what businesses need to know, plus much more. For a related article, check out our guide to Emotional Support Animal Laws in Kansas.
In brief, service animals may go with their (legally disabled) handler wherever the public can go. There are a few exceptions, like sterile hospital environments and religious organizations.
Service dogs of any breed may go to malls, restaurants, grocery stores, movie theatres, community centers, schools, buses, taxis, hotels, Airbnb, amusement parks, doctor’s offices, hospitals, trains, and National Parks, just as a few examples.
Summary of Service Animal Laws
Part of the reason why service dogs can be so confusing is that there are multiple laws around them, depending on the context. Some of them overlap and some don’t. Fake service dogs are also a thing. Here is a summary of the different laws relevant to Kansas and their main purpose in general.
In summary:
- The ADA – Americans with Disabilities Act – is a federal law. It governs the use of service animals when public access rights are concerned. This law is also referred to for housing situations and employment situations with service animals.
- The FHA – Fair Housing Act – is another federal law that governs the use of service animals – or what is known in this context as “assistance animal” when housing situations are concerned.
- The ACAA – Air Carrier Access Act – is what is used when service animals will be taken to the skies with their handler. Fully trained service animals are allowed in the cabin of airplanes with their handler as long as they meet the ACAA requirements, and fill out any required paperwork or documents prior to their flight.
- State-specific service animal laws. Even though we have the federal ADA laws, each individual state may or may not have additional or “state-specific” service dog laws for their own area. Check with individual states for anything that may be different from the ADA laws. A common example is that under the ADA, service dogs in training are not allowed public access rights. However, certain states extend the same rights to service dogs in training, as fully trained animals have
- Kansas State Laws – Including the White Cane Law
- Section 504 – is similar to the ADA, and protects the rights of students with disabilities in educational settings.
- IDEA – Individuals with Disabilities Education Act – is yet another law in place for students with disabilities in the United States.
Read more: Federal ADA Service Dog Laws – Summary & FAQ
Service Animal Definitions
Since there are different service animal definitions depending on the context, we’ll go through the different ones right now. As you’ll see, they are similar, but the differences are important to understand.
The ADA Service Animal Definition for Public Access Rights
The federal ADA law prohibits discrimination on the basis of disability in:
- Employment
- State and local government
- Public accommodations
- Commercial facilities
- Transportation
- Telecommunications
- United States Congress
Under the ADA Americans with Disabilities Act federal laws, “Service animal means any dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for purposes of this definition.”
The work or tasks that the dog does must be directly related to a specific person’s disability. In addition, the work or tasks must help to mitigate at least some of the effects of that disability.
It’s important to note that while dogs are the only animal defined here, there is a separate ADA provision for the use of a miniature horse as a service animal.
The Fair Housing Act (FHA) Definition of Assistance Animal
Under the FHA, “An assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability. An assistance animal is not a pet.”
The Air Carrier Access Act Definition of Service Animal
Under the Air Carrier Access Act (ACAA), “A service animal means a dog, regardless of breed or type, that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Animal species other than dogs, emotional support animals, comfort animals, companion animals, and service animals in training are not service animals.“ Read more: American Airlines Service Dog Info – The Easy Guide
Registration & Certification
The truth is that you are not legally required to register or certify a service dog in Kansas or any other state in the U.S. Service dogs are protected under the ADA, Americans with Disabilities Act.
Registration and certification done online from non-government websites do not convey any legal rights under the ADA or the Department of Justice.
Buying a piece of paper from the internet does not turn a dog into a service dog. A legitimate, federal service dog registration and/or certification system does not exist. Check out our blog Which Service Dog Registry is Legitimate? to learn more about registrations, certifications, and why they are not required.
Work or Tasks
No matter what definition you look at, almost all of them include a stipulation that a service animal does “work” or “tasks” for a particular person’s disability. (Except the FHA Fair Housing Act definition includes emotional support animals, who usually don’t do “tasks”).
So let’s talk a bit more about what these tasks are, exactly. It’s important to know that the tasks are varied and wide-ranging. There are a large number of different tasks that service animals can do.
Here are some common examples of service animal work or tasks. Not an exhaustive list by any means.
- Guiding a person who is blind or can’t see well
- Alerting someone who is deaf or hard of hearing to sounds (like their name, a knock at the door, a smoke alarm, or even intruders)
- Providing reasonable protection
- Pulling a wheelchair
- Grabbing dropped items
- Carrying grocery bags
- Paying for items with a bank/credit card
- Opening and closing doors
- Assisting someone during a seizure
- Providing physical support and/or balance and stability
- Reminding someone with an intellectual disability to take a medication
- Keeping a child with a disability safe and from wandering off and getting lost
- Autism assistance
- Helping someone with a psychiatric or neurological condition by interrupting problem behavior (As one example, read about how DPT Service Dogs help people with PTSD and other conditions)
- Read more: The Giant List of Service Dog Tasks (K9 Total Focus)
Think of a service dog as an aid that helps someone with a disability to better access services (or to be able to better access and enjoy life in general), much like a wheelchair or cane.
Service animals are not pets, even though they may appear like pets.
Therapy Dogs
Let’s just briefly discuss what therapy dogs are and aren’t, since many people aren’t sure and it can be confusing as there are so many amazing types of dogs in the world.
A therapy dog is not a service dog, and that’s because therapy dogs aren’t trained to do “work or tasks” for an individual’s disability. Plain and simple.
A therapy dog is usually someone’s pet that enjoys meeting a large number of different people in different settings.
The people who are fortunate enough to spend time with a therapy dog receive great benefits, such as reduced anxiety and added joy.
They often visit places such as schools, hospitals, nursing homes, and other settings where the stress in people may likely be high.
Companion Animals
Companion animals do not qualify as service animals under Titles II (public services) or Title III (public accommodations) of the ADA, but they may be approved as a reasonable accommodation under Title I (employment). Check out our full federal ADA workplace accommodations guide for more info.
In Kansas, companion animals are defined as any animal that provides comfort, companionship, or emotional support. In other words, animals that are not task-trained.
Fees for Service Animals
Fees, extra charges, or pet deposits may not be charged for service animals. This is true whether we are talking about the ADA, ACAA, FHA, and Kansas law.
A service animal is not considered a pet. Someone using a service animal must not be turned away or denied access because of a “no pets” rule or policy.
In the case where a public entity usually charges people for damage caused by an animal or pet, a person with a disability may also be charged for damage caused by their service animal.
Control of Service Animals
- Service animals must be under control at all times & should not pose a direct threat to the health and safety of others
- Service animals must comply with state and local animal control laws
Service animals should be kept at a person’s side quietly unless they are performing a specific task.
Service animals must be leashed, harnessed, or tethered unless this may interfere with the service animals’ work. Or, if a disability prevents using them. In those cases, service animals still need to be controlled through voice, hand signals, or another effective way.
Documentation
- There is no formal service animal certification process or paperwork that is recognized by Kansas State or the federal government
- Having said that, air carriers (airlines), employers, and housing providers such as landlords may require certain and specific documentation
- Documentation may not be required for public access as a condition of entry
Identification & Service Dog Vests
Service animal vests, dog tags, identification tags and other “working animal” accessories are not legally required or recognized. Many people still use these types of things to make it easier for other people in public to identify a service animal.
A dog license and/or rabies tag are necessary if those are required by Kansas State or local laws.
Where Does The ADA Apply?
- Places of public accommodation which include…
- Places of lodging
- Places serving food or drink
- Places of entertainment
- Places of public gathering
- Sales or rental establishments
- Service establishments
- Stations used for specified public transportation
- Places of public display or collection
- Places of recreation
- Places of education
- Social service center establishments
- Places of exercise or recreation
- Public services, programs, and activities, which include: schools, and state and local government offices
- Public transportation
- Private transportation, like Greyhound bus service
- The Workplace
- Airport terminals
Miniature Horses
Technically speaking, only dogs are service animals under the federal ADA definition of public access rights. Other species of animal, whether that be wild animals or domestic, trained or untrained, are not service animals for the purposes of the ADA.
Service animals may or may not be other types of animals in terms of housing and employment situations. But for now, let’s talk about public access rights.
Even though dogs are the only service animal defined by the ADA, there is a separate provision in the ADA that does cover miniature horses.
What this means is that a miniature horse that has been trained to do work or tasks for a specific disability shall have the same rights as service dogs wherever possible.
Businesses and other covered entities need to provide access to miniature horses whenever possible. Reasonable modifications need to be made in policies, practices, or procedures to permit the use of a miniature horse by a person with a disability.
There are additional assessment factors for miniature horses
To determine whether to allow a miniature horse into a specific facility, the business will need to consider the following:
- The type, size, and weight of the miniature horse and whether the facility can accommodate these features safely
- Whether the handler has sufficient control of the miniature horse
- Whether the miniature horse is housebroken
- Whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation
Info For Businesses
It’s obviously important for businesses and other “covered entities” to be aware of service dog laws Kansas as well as the federal laws. If not, they could be accused of discrimination.
The Americans with Disabilities Act prohibits the following:
- Asking about a disability
- Requiring medical documentation
- Requiring a special identification card or training documentation for the dog (or mini horse)
- Ask that the animal demonstrate its ability to perform the work or task
- Charge an extra fee because of the animal
- Segregate the customer with a disability from other customers
Permitted Questions to Ask
If the reason for the service dog is obvious, then businesses and other covered entities may not inquire about the use of the animal.
When it’s not obvious – and many disabilities are invisible – businesses may only ask two questions to someone using a service dog. That’s it.
The questions are:
(1) Is the dog a service animal required because of a disability?
(2) What work or task has the dog been trained to perform?
Where Are Service Animals Allowed?
Kansas State service dog laws and Title III of the ADA require a reasonable accommodation in places of public accommodation.
What does this mean? Public businesses and other “covered entities” need to modify their policies and practices in order to allow the use of service animals by people with disabilities.
This will be true unless a place of business or another entity can demonstrate that it would result in a fundamental alteration to their program and/or services.
A “fundamental alteration” is a change that is significant; so significant that it alters the essential nature of the business. In other words, the goods, services, facilities, privileges, advantages, and/or accommodations offered.
Service animals can go generally wherever the public may go. A few exceptions include sterile environments in hospitals (operating room, for example) and religious organizations.
Think of a service dog as something more like critical medical equipment (which it is) such as a wheelchair or cane, rather than something that just appears at first glance to be a pet (which it isn’t).
I mean, where do you see wheelchairs and canes when out in public? Pretty much everywhere; and that is where service animals are allowed, too.
For example:
- Restaurants
- Hotels
- Theaters
- Stores
- Auditoriums
- Museums
- Parks
- Schools
- Recreational facilities
- Doctors’ or lawyers’ offices
- Hospitals
- Most other places the public can access
- Read more on our blog: Can Service Dogs Go Anywhere?
Employment
The Americans with Disabilities Act prohibits discrimination against disabled people in employment situations. In addition, it requires reasonable accommodation at the employee’s request.
Allowing someone with a disability to bring their service animal into the workplace environment is a form of reasonable accommodation.
As with any accommodation request, the employer must consider allowing the use of a service animal at work unless doing so poses an undue hardship, or could disrupt the workplace environment.
Note that an employee may also request that an employer allow a companion animal or emotional support animal in the workplace as an accommodation. Reasonable requests in this situation are not restricted to dogs only. Read more: Federal ADA Workplace Accommodation Guide
Psychiatric Service Dogs
Psychiatric service dogs are a type of service dog that perform work or tasks related to psychiatric disabilities.
A few examples of these types of disabilities include:
- Eating disorders
- PTSD
- Anxiety disorders
- Depression
Here are a few examples of some psychiatric service dog tasks:
- Providing reminders to take medication at a certain time
- Service dogs can lay across their handler and apply pressure (Deep Pressure Therapy) during a panic attack, for example
- Provide tactile stimulation or grounding
- Interrupting dissociative episodes or other repetitive or problematic behaviors
- Alerting the handler to rage or other types of strong emotions
- Interrupting self-harming behaviors
- Retrieve an item, such as a water bottle and medication for a panic attack
- Wake someone up from a nightmare
- Interrupting flashbacks
- Searching the house or home to ensure it’s clear and safe before the handler enters
- Providing a “reality check” to help with hallucinations
- Stabilizing a routine for someone
- Read more: Psychiatric Service Dog Tasks – 17 Examples
The difference between psychiatric service dogs and emotional support dogs is simple: Psychiatric service dogs are trained to do at least one task for a specific person’s disability, and the task is related to the disability.
Emotional support animals are not task-trained like this and provide comfort and other benefits by their presence alone. Emotional support animals are not service dogs, but they do have some rights when it comes to housing and employment situations.
Reference:
Related Articles:
- Service Animal In Training Laws By State
- Federal ADA Service Dog Laws General Summary & FAQ
- Emotional Support Animal Laws in Kansas
Sam is an experienced writer, advocate for people with disabilities and mental health, dog lover, artist, philosopher, and generally complicated human being.