SCS/HB 442 - Under this act an individual with mental disabilities is added to the list of people who must be afforded the same rights as those without disabilities to use streets, highways, sidewalks, public buildings, public facilities, and other public places. An individual with mental disabilities is also entitled to equal accommodation from common carriers, airlines, motor vehicles, trains, buses, taxis, and any other public conveyances or modes of transportation, as well as hotels, places of public accommodation, amusement or resort, and other places to which the general public is invited. This act also provides that persons with mental disabilities shall have the right to be accompanied by a guide, hearing, or service dog in any of these places without being required to pay an extra charge, provided that such person shall be liable for any damages done to the premises or facilities by such dog. (Section 209.150)
This act modifies the definition of "service dog" by adding the term "search and rescue dog" and "professional therapy dog". A "search and rescue dog" is one that is trained to assist a person with a physical or mental disability by performing necessary tasks or doing work which the person cannot perform. Such tasks include, but are not limited to, helping the person from becoming lost, retrieving items or carrying supplies.
A "professional therapy dog" is defined as a dog that is selected, trained, and tested to provide specific physical therapeutic functions under the direction and control of a qualified handler who works with the dog as a team as a part of the handler's occupation or profession but does not include dogs used by volunteers in visitation therapy. (Section 209.200)
A member of a service dog team has the right to be accompanied by the dog while the dog is in training and shall be liable for any damages to a facility caused by the dog training. A service dog team consists of a trained service dog, a person with a disability or child, and an adult person who has been trained to handle the dog. (Section 209.152 and 209.200(3))
The provisions of this act shall not exceed the provisions of the Americans with Disabilities Act.
ADRIANE CROUSE