Emotional Support Animals (ESAs) have become an increasingly common source of comfort for individuals coping with various mental health conditions, including anxiety, depression, phobias, and post-traumatic stress disorder (PTSD). These animals may be allowed certain privileges not available to ordinary pets, such as access to no-pet housing. However, these privileges are only attainable if the ESA's owner has a letter from a health professional confirming the animal's necessity for coping with mental health symptoms.
For counselors and therapists, signing off on ESA support letters presents many ethical, legal, and professional challenges. A growing number of health professionals are being asked for support letters allowing their pets access to air travel and no-pets housing, even if the individual making the request is not under treatment for a mental health condition. Mental health providers who issue these letters without meeting the proper prerequisites face increased scrutiny from professional boards and a higher liability risk if something goes wrong.
If you're a healthcare professional facing a medical board inquiry for writing an ESA support letter outside the scope of your knowledge and experience, contact the experienced Professional License Defense Team of the Lento Law Firm as soon as possible. We have helped protect the licenses, reputations, and careers of numerous medical professionals nationwide, and we want to help you, too. Contact us today at 888.535.3686 or through our online contact form to discuss your case.
What is the legal definition of an ESA?
An ESA is generally defined as an animal of any kind that provides comfort and support to individuals with mental or emotional disabilities. Unlike service animals, ESAs do not require specific training to perform tasks related to a disability. Instead, an ESA's presence alone helps alleviate symptoms of the individual's condition.
The Fair Housing Act (FHA) is the only federal regulation acknowledging ESAs. It grants ESA owners protection from pet restrictions and related housing fees, but only if the owner has documentation from a licensed mental health professional verifying that they have a mental health condition and that the ESA is necessary for their well-being.
Some people may believe that ESAs are protected by the Air Carrier Access Act (ACAA), so they can bring an ESA with them on an airplane without paying an extra fee. While it is true that the ACAA protected ESAs before 2021, the regulation was revoked because it was exploited by too many people who wanted their pets to travel with them for free. Airlines may now treat ESAs–but not service animals–as regular pets.
Legitimate Therapist ESA Support Letter
Therapists or other mental health professionals who are asked to write an ESA support letter should understand both relevant state and local laws regulating ESAs, as well as the essential components of an ESA evaluation. While laws may vary, an ESA letter is generally justified when a health professional:
- has assessed the patient and determined they have a mental or emotional condition that detrimentally impacts a life activity.
- has determined that an animal could minimize or eliminate one or more symptoms of their condition
- has documented the patient's improved function because of the animal's presence.
If an individual approaches you for the sole purpose of writing an ESA letter, the therapist must nonetheless evaluate them, document the results, and inform them if you believe the diagnosis requires a follow-up visit. You should also be prepared to tell them that they do not qualify for the support letter if they do not.
Experienced Professional License Defense Lawyers Can Help
If you are a health professional facing an inquiry by your professional board for writing ESA support letters, don't hesitate to call the Lento Law Firm's Professional License Defense team at 888.535.3686 or contact us through our online contact form. Our highly skilled attorneys are waiting to help you.
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