Guam § 34401 - Definitions.

§ 34401. Definitions.

For the purpose of this Article and any promulgation of

organizational rules, policies and processes, the following

definitions of terms shall apply:

(a) Animal assistance is defined as assistance given to

human endeavors by dogs. It is a dog that has been

individually trained to do work or perform tasks for the

benefit of an individual. This is a broad term that covers

therapy dogs, service dogs, and other type of animals,

commonly used to describe the utilization of various species

of animals in diverse manners beneficial to humans. Areas

include, but are not limited to, search and rescue operations,

improvement in cognitive functioning, emotional support,

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assistance to visual impairment, and similar activities (see

specific definitions):

(1) Animal-assisted activity (AAA) means an

activity that involves a team consisting of a handler

and therapy dog interacting with individuals in Guam;

this is considered the lowest level of animal assisted

intervention and usually consists of visitation type

dogs;

(2) Animal-assistance community (AAC) means

the local or regional entities capable of providing

animal-assisted therapy, service dog actions or animal-

assisted activities to individuals within Guam; the

animal-assistance community is comprised of duly

registered Guam based non-profit, private, and

government organizations with a mission that supports

animal assisted interventions;

(3) Animal-assisted therapy (AAT) means goal-

directed intervention in which a team consisting of a

therapist, as defined in Subsection (h), and a therapy

animal, or a therapist handler and a therapy animal, is

used as an integral part of the therapy process to aid

individuals who have

(A) experienced mental, physical or

emotional trauma;

(B) witnessed, or have been a victim of, an

act of violence; or

(C) behavioral health care needs;

(4) Animal-assisted education (AAE) is a

planned and structured intervention directed and/or

delivered by educational and related service

professional with specific academic or educational

goals;

(5) Assistance animal trainee means an animal

that is undergoing a course of development and

training to do work or perform tasks for the benefit of

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an individual that directly relate to the disability of the

individual;

(6) Assistance animal trainer means an

individual exercising care, custody and control over an

assistance animal trainee during a course of training

designed to develop the trainee into an assistance

animal;

(7) Animal-assisted activity organization means

any entity involved in training or incorporating dogs

within the animal-assisted activity community; and

(8) Assistance dogs (or a similar term is therapy

dog) are animals trained to assist professionals by

improving the quality of their work. have the public

access freedom afforded under the Americans with

Disabilities Act.

(b) Disability has the meaning stated in the federal

Americans with Disabilities Act of 1990, 42 U.S.C. § 12102

(ADA), as amended, to include, but not be limited to, the

following:

(1) Blind means a visual acuity not exceeding

20/200 in the better eye with corrective lenses; or a

visual field of which the widest diameter subtends an

angle of not more than twenty (20) degrees;

(2) Deaf means a permanent hearing loss that

necessitates the use of amplification devices to hear

oral communication; or for which amplification

devices are ineffective; and

(3) Mobility impaired means an inability to carry

objects or to move or travel without the use of an

assistive device or service animal.

(c) Companion dogs/pets means dogs/animals that are

trained to be obedient and loyal pets. The presence of a dog

for comfort, protection, or personal defense does not qualify

a dog as being trained to mitigate an individual’s disability

and therefore does not qualify the dog as a service dog

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covered under the provisions of the ADA or as a therapy or

a professional working dog.

(d) Place of public accommodation means a place of

public accommodation as defined by the Americans with

Disabilities Act as businesses, organizations and

government agencies that serve the public, including any

place or service offering to the public accommodations,

advantages, facilities or privileges whether in the nature of

goods, services, lodgings, amusements, transportation or

otherwise.

(1) A place of public accommodation is any place

that is open to the public and owned or maintained by a

public body, regardless of whether the place is

commercial in nature.

(2) The term does not include air carriers covered

by the Air Carrier Access Act of 1986, 49 U.S.C. §

41705, and by regulations adopted by the United States

Department of Transportation to implement such act.

(e) (1) Prison Dog Program is a community service

project and means a partnership between the Guam

Department of Corrections with an animal assisted

activity organization(s) to

(A) provide training to homeless dogs in

order to improve the adoptability of the dog;

(B) take advantage of the

social/psychological benefits of animal therapy

for the inmate;

(C) aid in the reduction of stray dogs; and

(D) benefit the community.

(2) In relationship to a Guam Prison Dog Program

the following definitions apply:

(A) Dog bite means oral contact by a dog

that scratches or breaks the skin;

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(B) Dog Trainer I is an inmate who has been

properly screened and assigned to serve as the

substitute or secondary handler and trainer for an

assigned dog in a Prison Dog Training Program.

(C) Dog Trainer II is an inmate who has

been properly screened and assigned to serve as

the primary handler and trainer for an assigned

dog through the Prison Dog Training Program.

(D) Facility Primary Program Coordinator is

a Department of Corrections employee designated

by the facility head to manage and coordinate all

aspects of a Prison Dog Training Program at the

facility level.

(E) Facility Secondary Program Coordinator

is an employee who is designated to be

responsible for managing and coordinating the

program in the absence of the Primary

Coordinator.

(F) Home furlough is a brief period of time

when a volunteer is allowed to take a dog that is

in a Prison Dog Training Program to their home

or into the community for socialization or other

supportive community training as may be required

or needed as a part of the overall training

program. Upon conclusion of the furlough, the

dog is returned to the prison facility.

(G) Volunteer Inmate Trainer is an inmate

who has requested and been approved to

participate and provide services in a Prison Dog

Training Program on a voluntary basis, and the

inmate volunteer meets all of the program

participation criteria for his or her services; and

(H) Volunteer Trainer is a professional

trainer recommended by the animal assisted

activity organization and approved by the facility

who volunteers their time to teach the Dog Trainer

I and Dog Trainer II appropriate methods and

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techniques of training dogs. All volunteers must

adhere to the Department of Corrections

Community Volunteer Program policy.

(f) Service dogs, for the purpose of this Article and in

accordance with the Americans with Disabilities Act

(ADA), as amended by the September 15, 2010

Regulations, is any dog that is 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.

(1) The work done or tasks performed must be

directly related to the individual’s disability and may

include, but are not limited to,

(A) guiding an individual who is visually

impaired or blind,

(B) alerting an individual who is deaf or hard

of hearing,

(C) pulling a wheelchair,

(D) assisting with mobility or balance,

(E) alerting and protecting an individual who

is having a seizure,

(F) retrieving objects,

(G) alerting an individual to the presence of

allergens,

(H) providing physical support and assistance

with balance and stability to an individual with a

mobility disability,

(I) helping an individual with a psychiatric or

neurological disability by preventing or

interrupting impulsive or destructive behaviors,

(J) reminding an individual with mental

illness to take prescribed medications,

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(K) calming an individual with post-

traumatic stress disorder (PTSD) during an

anxiety attack, or

(L) doing other specific work or performing

other special tasks.

(2) The crime-deterrent effect of an animal’s

presence and the provision of emotional support, well-

being, comfort, or companionship do not constitute

work or tasks for purposes of this definition.

(3) For the purposes of this Article, a service dog

is not generally a pet, although some are also treated as

a pet.

(4) Other species of animals, whether wild or

domestic, trained or untrained, are not service animals

for the purposes of this definition, consistent with 28

C.F.R., Part 35, § 35.104 and Chapter I, Part 36,

Subpart A, § 36.104 (2010 Title II ADA Regulation).

(5) Service dogs are permitted, in accordance with

the ADA, to accompany a person with a disability

almost anywhere the general public is allowed. This

includes restaurants, businesses, and on airplanes.

Types of service dogs include:

(A) Guide Dog guides a person who is blind

or visually impaired;

(B) Hearing Dog alerts a person who is deaf

or hearing impaired to sounds such as door bells,

smoke alarms, and alarm clocks;

(C) Medical Alert Dog is a dog that notifies

a person of a change in body chemistry that may

indicate a health concern, such as low or high

blood sugar for a person with diabetes, or that a

seizure is imminent for a person with epilepsy;

(D) Mobility Dog assists a person in

performing tasks such as opening doors, picking

up objects, and pulling wheelchairs; and provides

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stability to a person with the aid of a special

harness; and

(E) Psychiatric Service Dog assists a person

with a psychiatric disorder such as anxiety or

PTSD. It is an important distinction of a

psychiatric service dog that it performs a specific

task to assist a person, as is the case with all

service dogs. Some examples are:

(i) if a person suffers from PTSD and is

prone to nightmares, their service dog is

trained to wake them from their nightmares;

(ii) if a person suffers from PTSD and is

not comfortable venturing alone into public

places, their service dog is trained to move in

and stand as a barrier between them and

anyone who approaches;

(iii) if a person occasionally does

something unconsciously that physically

harms themselves, such as pulling or picking

at something, their service dog is trained to

alert them to their actions.

In each of these examples if the dog was not

trained to perform the task described, and it was

simply its calming presence that kept the person

from having nightmares, helped them feel

comfortable venturing into public places, or kept

them from harming themselves, it would not

qualify as a service dog for the purposes of this

Article.

(g) Professional Working Dog (PWD) is a dog trained

to do useful work.

(1) For purposes of this Article, Professional

Working Dogs are segregated into a separate category

from Therapy Dogs and Service Dogs. However, in the

animal assisted intervention community they are often

included in certain categories.

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(2) PWDs are dogs that receive training to

perform tasks in a variety of areas of human endeavor.

Unlike Service Dogs they do not enjoy access afforded

by the Americans with Disabilities Act, but they do

have public access when performing their trained task.

For instance, a bomb-sniffing dog has public access in

airports or in instances when searching for bombs.

(3) PWDs also tend not to have a therapeutic one-

to-one relationship with humans such as that with

Therapy Dogs.

(4) PWDs are distinguishable from service dogs

and therapy dogs. Some examples of Professional

Working Dogs are:

(A) Search and Rescue Dog is trained to

locate lost or missing persons, victims of natural

or man-made disasters, and human bodies;

(B) Tracking Dog is trained to track and find

a missing person, escaped inmate, or fleeing

felon;

(C) Narcotic Detection Dog is trained to

locate narcotics by scent;

(D) Patrol Dog is trained to protect a peace

officer and to apprehend a person;

(E) Accelerant Detection Dog is trained for

accelerant detection, commonly referred to as

arson canines;

(F) Bomb Detection Dog is trained to locate

bombs or explosives by scent;

(G) Cadaver Dog is trained to find human

remains;

(H) Herding Dog is trained to control other

animals such as sheep; and

(I) Actor Dog is trained to perform in the

arts.

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(h) Therapist means any licensed

(1) physician who specializes in psychiatry;

(2) psychologist or professional counselor;

(3) marital and family therapist;

(4) clinical social worker or master social worker;

(5) occupational therapist; or

(6) other mental health professional.

(i) (1) Therapy Dog means any dog trained to

provide comfort to individuals who have

(A) experienced mental, physical or

emotional trauma;

(B) witnessed, or has been a victim of,

an act of violence; or

(C) behavioral health care needs.

(2) A therapy dog has no special rights of

access, except in those facilities where they are

welcomed.

(A) They may not enter businesses with

a “no pet” policy or accompany their handler

in the cabin of an airplane regardless of their

therapy dog designation.

(B) Some examples of therapy dogs

include:

(i) Courthouse Companion Dog is

trained and used to facilitate testimony

in minors or mentally disabled within a

court room setting. Outside the

courtroom, Courthouse Companion

Dogs do not have a public access

clearance;

(ii) Emotional Support Dog is

trained and prescribed by a therapist to

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provide therapeutic support to a person

with a mental illness by a licensed

mental health professional for a person

with a mental illness.

a) The prescription must state

that the individual has an

impairment that substantially limits

one (1) or more major life

activities, and that the presence of

the dog is necessary for the

individual’s mental health.

b) Pursuant to the ADA,

individuals with emotional support

dogs do not have the same rights to

public access as individuals with a

service dog.

c) Emotional support dogs

may only accompany their owners

in public areas with the express

permission of each individual

venue and/or facility management.

d) Emotional support dogs

may travel with their owner on an

airplane and may live with their

owner in locations covered by the

Fair Housing Act (FHA) regardless

of a “no pet” policy;

(iii) Reading Dog is trained to

facilitate reading skill improvement in

children;

(iv) Hospital Dog is trained to

bring emotional comfort to persons

within the hospital or clinical setting;

(v) Facility Dog is trained and

prescribed by a therapist to live on-site

as a resident therapy dog and can be

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found at nursing homes, residential

facilities, group homes, or at many

businesses.

a) If a Therapy Dog is a

“familiar face” at a business, that

qualifies as a Facility Dog.

b) Facility dogs do not have

public access outside the office or

building where they work.

2017 NOTE: Subsection/subitem designations added/altered pursuant to

authority of 1 GCA § 1606.