Senate Bill S5354

                                 BILL NUMBER:  S5354

 TITLE OF BILL :  An act to amend the agriculture and markets law, in
relation to requiring the promulgation and implementation of standards
for the designation of therapy dog

 SUMMARY OF PROVISIONS :

Section 1: Sets forth that the State Commissioner of Agriculture and
Markets create standards and regulations for training, evaluation, and
certification required for designating dogs as "therapy dogs". It also
requires that said standards be established by no later than October
1, 2017.

Section 2: Establishes the effective date as immediately.

 CURRENT LAW :

Section 108 of the Agriculture and Markets Law defines "Therapy dog"
as any dog that is trained to aid the emotional and physical health of
patients in hospitals, nursing homes, retirement homes and other
settings and is actually used for such purpose, or any dog during the
period such dog is being trained or bred for such purpose.

 JUSTIFICATION :

              

Though they serve an increasingly important role in society, there is
no presently defined process for certifying therapy dogs in the State
of New York. Therapy dogs do not fall under State or Federal (through
the Americans with Disabilities Act of 1990) law as "service dogs",
which have certain protections and qualifications.

Current law defines a therapy dog as a dog "trained...for such
purpose" as providing for emotional and physical health, but does not
set forth any training or credentialing requirements. As such, any dog
may be described as a "therapy dog". regardless of whether or not they
have received proper training. This presents situations wherein
untrained animals presented as so-called therapy dogs can be in the
presence of the public and other, trained, service animals. There have
been instances of trained service animals being maimed by untrained
animals. By requiring that formal standards for training and
credentialing be established, the State can not only ensure the safety
of the public, but it can also ensure that those who would be served
by therapy dogs will best be served through the use of trained and
credentialed animals.

 LEGISLATIVE HISTORY :

This is a new bill:

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.