by Elisabeth Ulmer
The Department of Veterans Affairs (“VA”) seeks comment
on a proposed rule regarding service animals on VA
grounds. At present, VA facility heads
or designees have the discretion to approve or bar the presence of service
animals on VA property. In contrast,
federal law, specifically the Americans with Disabilities Act (“ADA”), more
broadly permits guide dogs and other service animals when they accompany
individuals with disabilities on federal government property.
As the proposed rule mentions, “Though the ADA and
the regulations implementing the ADA do not apply to agencies of the executive
branch such as VA, VA is not prevented from adopting standards similar to those
in the ADA when appropriate and applicable.” The proposed rule would make VA regulations
more consistent with the applicable federal law and would “establish
nationally applicable criteria regarding the presence of service animals on VA
property.”
The
VA agrees with the Department of Justice (“DOJ”) in limiting the category of
service animals to dogs that “are individually trained to do work and perform
tasks for the benefit of an individual with a disability.” Pursuant to the ADA, the DOJ has asserted
that only these dogs “should be defined as a ‘service animal’ for consistent
admittance to and presence in a variety of public settings.” The VA excludes dogs in training to do
service work from this category. Furthermore,
dogs without formal training that provide emotional support or companionship will
not be permitted on VA property because “the mere presence of a dog that is not
trained to perform work or tasks is not required by individuals in the context
of public accommodations.” However,
service dogs “trained to mitigate the effects of mental health disabilities”
will be permitted. All of these restrictions
regarding the classification of service animals “will provide greater
predictability regarding the presence of animals on VA property and facilities,
and will reduce risks to the health and safety of those on VA property.”
Although
service animals will be allowed on VA property, the proposed rule asserts that
they will not be permitted in certain areas and that these restrictions are
consistent with both the ADA and VA limitations on the public. The VA states that it would limit “the right
of service animal access” in accordance with standards for patient care,
patient safety, and infection control, “just as we restrict the right of
members of the public.” For instance,
with respect to VA property under the control of the Veterans Health
Administration, service animals will not be permitted in areas such as
operating rooms and surgical suites, acute inpatient hospital settings, and
food preparation areas. With regard to
VA property under the control of the National Cemetery Administration, service
animals will not be allowed in open interment areas, construction sites, and
grounds keeping and storage facilities.
Where the public may not go, service animals may not go.
The
VA reserves the right to remove any service animal that, based on objective
indications from an individualized assessment, “poses a risk to the health or
safety of people or other service animals.” In keeping with the ADA, if a service animal
were not permitted on VA property, VA “would give the individual with a
disability the opportunity to obtain services without having the service animal
on VA property.”
Comments are due on January 20, 2015.
Interested parties are invited to submit comments by any
of the following methods:
- Federal eRulemaking Portal: http://www.regulations.gov;
- Mail or Hand Delivery: Director, Regulation Policy and Management (02REG), Department of Veterans Affairs, 810 Vermont Ave. NW., Room 1068, Washington, DC 20420; or
- Fax: (202) 273-9026.
All comments should indicate that they are submitted in
response to “RIN 2900-AO39-Animals on VA Property.”
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